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RELATION BETWEEN MANUFACTURERS AND DEALERS

European Car Dealers Day - Maison de l’automobile, Boulevard de la Woluwe 46, Brussels, 24th September, 4:15 pm

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Bernard Lycke, Director General CECRA Responsible for CECRA’s office in Brussels. His function primarily consists of representing /promoting the interest of the car dealers and repairers in Europe. He monitors the work of the European institutions and develops and maintains high representation with the aim to follow up and influence the decision-makers automotive stakeholders in general.

Joanna Szychowska, Head of Unit Automotive & Mobility Industries - ECSince the 1st of June, appointed Head of Unit of C/4 Automotive and Mobility Industries of DG Internal Market, Industry, Entrepreneurship and SMEs at the European Commission.

Erik Jonnaert, Secretary General ACEASecretary General of the European Automobile Manufacturers’ Association (ACEA), a position he has held since July 2013. ACEA brings together all major manufacturers of passenger cars, vans, trucks and buses with production in the EU. In addition to his ACEA posting, Erik Jonnaert is currently Vice Chairman of the iMobility Forum. He is also is on the Global Agenda Council for the World Economic Forum, which focuses on the future of Automotive & Personal Transportation. Prior Erik Jonnaert was Procter & Gamble's (P&G) Vice President for External Relations in Europe and Asia.

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Gianandrea Ferrajoli, Chairman and CEO Mecar SpAHis background differs from the typical dealer profile as he has spent almost a decade in financial markets mainly in NYC, Paris and London. He is a member of the Advisory Board of Methorios Capital (MTH:IM), merchant bank specialising in mergers and acquisitions. In 2005 he moved to work with Société Générale (SGCIB) in New York and in 2007 he moved to London to work with US and UK Hedge Funds and Private Equity funds. In 2009 he returned to Italy where he was named Managing Director of Mecarsrl.

Per Ovrén, VP business development BiliaJoined Bilia in 2010 and is the VP Business Development & Purchasing, he also headsBilia’s business control function. Previous positions include the Boston Consulting Group, Investment AB Öresund and Bain & Company.

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Peter Reisacher, Managing Director Autohaus Reisacher GmbH & Autohaus Augsburg GmbH (BMW/MINI Dealership)Dipl. Betriebswirt (FH) and Dipl. Wirtschaftsingenieur (FH) Peter Reisacher is Managing Director of Autohaus Reisacher GmbH (BMW/MINI Dealership) in Memmingen, Germany, since 1996 as well as Managing Director of Autohaus Augsburg GmbH (BMW/MINI Dealership) in Augsburg, Germany, since 2009. During his studies he worked among others for BMW in Canada and the USA.

Anouk Poelmann, Chief Operations Officer CAR Avenue & Managing Director By LENTZAnouk Poelmann has extensive international experience at both manufacturer and dealer level. She operated in European markets and Russia effectively, lived and worked in culturally diverse markets. Currently she is COO of a European multi-brand dealergroup CAR Avenue headquartered in Luxembourg. She is also the Managing Director of CAR Avenue's dealerships in Belgium and Luxembourg.

The relationship betweenmanufacturers and car dealers hasalways been unbalanced in terms ofmarket power

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For this reason, since 1985, theEuropean legislator has provided theautomotive sector with a number ofspecific block exemption regulations,the most recent one being Regulation1400/2002 on vertical agreementsfor the purchase, sale or resale ofnew motor vehicles (MVBER).

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In May 2013, when the regulationcame to its expiration, the EuropeanCommission has decided not torenew it

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The European car dealers are, sincethen, faced to a less favourablelegislative context

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ECDs lost all the contractualguarantees laid down by the formerregulation:

1.Multi-branding

2.Free transfer of business within the network

3.Minimum duration of contract (*)4.Arbitration (*)

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(*) It has to be mentioned that thesetwo points have actually beenincluded by ACEA (Europeanrepresentative of manufacturers) inits unilaterally adopted “code ofconduct”

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Despite these slight concessionsmade by the manufacturingcounterpart, the disappearance ofthe regulation, in May 2013, resultedin a sharp worsening of theunbalances existing in the verticalrelationship between Manufacturersand the ECDs

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Since then, CECRA, as the solerepresentative of the ECDs, hasengaged a dialogue with the EC andACEA (the European representativeof manufacturers) aimed at re-establishing the rights existing underthe former regulation

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CECRA has been following at least two different strategies in order to reach the declared goal

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1.Legally binding solution (a. thepossible extension of the agentdirective to the dealers; b. thecommunication on the unfairtrading practices)

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2.Soft-law approach (as suggestedby the EC in the final report of CARS2020, CECRA has been trying toreach an agreement with themanufacturing counterpart ACEA onthe so-called “Code of conduct”)

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Reminder: the EC, in the CARS 2020’s final report stated that:

“since no consensus has been reached so far on a voluntary Code of Conduct in relation to vertical agreements, the Commission continues to encourage dialogue between car manufacturers and dealers, in order to reach an agreed voluntary Code of Conduct. However, if agreement is not reached at the latest by the end of 2014, the Commission reserves the right to initiate a process, with the aim of adopting a legislative proposal regulating relations between different players of the automotive sector”

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Despite this expiry, discussions between manufacturers and dealers are still going on, as requested by the EC.

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However ACEA has already informed CECRA that:

1. There will be no code of conduct as this has been refused by the board. The discussion will now continue on an “item by item” basis

2. There is a negative answer regarding the multi-branding issue

3. Regarding all the other points an answer will be given by the end of November or early December at the latest.

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