Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.

In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for imposing anticompetitive rules restricting the cooperation between brand retailers and independent customer agencies. The proceedings were discontinued after the companies had revised their marketing rules.

Ford, Opel and Peugeot Citroën had implemented so-called "internet standards" for the introduction of end customers to brand retailers via so-called internet-based new car portals. If they infringed the internet standards, the retailers risked losing a substantial part of their bonuses or sales support.

In its investigations the Bundeskartellamt concentrated on the two large new car portals autohaus24 GmbH and MeinAuto GmbH. On the websites of these two portals an end customer configures a vehicle of his or her preference (brand, model, technical features) and obtains a price indication. After receiving customer advice the customer then concludes an intermediary contract with the portal. With this information the portal looks for a suitable retailer which would be able to offer the end customer the desired vehicle at the desired price. In the event of a successful customer placement the portal receives a commission from the car retailer. The contract is concluded and the transaction processed directly between the car retailer and the end customer.

Andreas Mundt, President of the Bundeskartellamt: "The mediation of new cars via internet portals has a positive effect on competition between the retailers and leads to greater transparency for the consumer. Measures taken by the manufacturers to prohibit the cooperation between their appointed retailers and intermediaries can therefore infringe competition law."

As a result of the introduction of the internet standards by the manufacturers, the retailers reduced their cooperation with the portals to the greatest possible extent because they were afraid of otherwise receiving in some cases substantially reduced bonus payments.
During the proceedings Ford, Opel and Peugeot Citroën expressed their willingness to amend their internet standards in such a way that they do not cover the sale of new cars via internet-based new car portals which function according to the principle illustrated above. The Bundeskartellamt was therefore able to terminate the proceedings against the manufacturers without a formal decision.

Further information is available in the case summary (in German only) on the Bundeskartellamt's website.