Traduction de «Motor Dealers' Association BC » (Anglais → Français) :

On 25 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Macquarie Bank Limited (‘Macquarie’, UK), Westscheme Proprietary Limited (‘Westscheme’, Australia), Statewide Superannuation Proprietary Limited (‘Statewide’, Australia), Motor Trades Association of Australia Superannuation Fund Proprietary Limited (‘MTAA’, Australia) and Australian Retirement Fund Proprietary Limited (‘ARF’, Australia) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Moto Hospitality Limited and Pavilion Ser ...[+++]vices Group Limited (together ‘Moto UK’, UK) both belonging to the Compass Group PLC by way of purchase of shares in a newly created company constituting a joint venture.

(a) Vertical agreements entered into between an association of undertakings and its members, or between such an association and its suppliers, only if all its members are distributors of motor vehicles or spare parts for motor vehicles or repairers and if no individual member of the association, together with its connected undertakings, has a total annual turnover exceeding EUR 50 million; vertical agreements entered into by such associations shall be covered by this Regu ...[+++]lation without prejudice to the application of Article 81 to horizontal agreements concluded between the members of the association or decisions adopted by the association;

(1) both parties to the agreement or their connected undertakings are motor vehicle manufacturers; or (2) the parties link their agreement to stipulations concerning products or services other than those referred to in this Regulation or apply their agreement to such products or services; or (3) in respect of motor vehicles having three or more road wheels, spare parts or services therefor, the parties agree restrictions of competition that are not expressly exempted by this Regulation; or (4) in respect of motor vehicles having three or more road wheels or spare parts therefor, the parties make agreements or engage in concerted pract ...[+++]ices which are exempted from the prohibition in Article 85 (1) of the Treaty under Regulations (EEC) No 1983/83 or (EEC) No 1984/83 to an extent exceeding the scope of this Regulation; or (5) the parties agree that the supplier reserves the right to conclude distribution and servicing agreements for contract goods with specified further undertakings operating within the contract territory, or to alter the contract territory; or (6) the manufacturer, the supplier or another undertaking directly or indirectly restricts the dealer's freedom to determine prices and discounts in reselling contract goods or corresponding goods; or (7) the manufacturer, the supplier or another undertaking within the network directly or indirectly restricts the freedom of final consumers, authorized intermediaries or dealers to obtain from an undertaking belonging to the network of their choice within the common market contract goods or corresponding goods or to obtain servicing for such goods, or the freedom of final consumers to resell the contract goods or corresponding goods, when the sale is not effected for commercial purposes; or (8) the supplier, without any objective reason, grants dealers remunerations calculated on the basis of the place of destination of the motor vehicles resold or the place of residence of the purchaser; or (9) the supplie ...

These provisions do not prevent the dealer from offering and providing maintenance and repair services for competing makes of motor vehicle in the same workshop, subject to the option of obliging the dealer not to allow third parties to benefit unduly from investments made by the supplier (Article 3 (4)).

These are agreements, for a definite or an indefinite period, by which the supplying party entrusts to the reselling party the task of promoting the distribution and servicing of certain products of the motor vehicle industry in a defined area and by which the supplier undertakes to supply contract goods for resale only to the dealer, or only to a limited number of undertakings within the distribution network besides the dealer, wi ...[+++]thin the contract territory.

Senator Mercer: If Senator Plett is buying cars in Oklahoma, the Manitoba Motor Dealers Association will be very disappointed.