European Commission evaluates Motor Vehicle Block Exemption Regulation and Supplementary Guidelines

On 25 June 2026, the European Commission published a staff working document presenting the results of its latest evaluation of the Motor Vehicle Block Exemption Regulation (Regulation 461/2010) (MVBER) and associated Supplementary Guidelines (SGL). This briefing summarises the key findings and their implications for businesses operating in the motor vehicle sector.

What you need to know

• The European Commission's latest evaluation broadly endorses the current framework, meaning that no immediate regulatory changes are anticipated. It will continue to provide a safe harbour for qualifying vertical agreements until 31 May 2028.
• In particular, the European Commission concluded that the 30% market share threshold and the lists of hardcore and excluded restrictions remain appropriate.
• While the MVBER and SGL have contributed to effective competition preventing foreclosure of competing vehicle manufacturers, the working paper notes that some independent repairers still face difficulties in accessing the inputs that they need to repair vehicles, which may be due to restrictions on technical information and vehicle-generated data sharing.
• Digitalisation and electrification are reshaping the entire automotive value chain, increasing the strategic importance of access to vehicle-generated data, and the working paper highlights the increasing strategic importance of such data and its implications for competition in the independent aftermarket.

On 25 June 2026, the European Commission published a staff working document presenting the results of its latest evaluation of the MVBER and the SGL. This briefing summarises the key findings and their implications for businesses operating in the motor vehicle sector.

Background

The MVBER grants a specific antitrust exemption under Article 101 TFEU to the motor vehicle sector. The exemption covers vertical agreements relating to the purchase, sale or resale of spare parts for motor vehicles and the provision of repair and maintenance services. The SGL provide guidance on the application of EU competition rules to common aftermarket practices and the distribution of new motor vehicles.

The MVBER was extended in April 2023 for a further five years until 31 May 2028, following a review by the European Commission that concluded in May 2021. The Commission launched a fresh evaluation in January 2024, covering the period from 2021 to 2025.

Key Findings

The European Commission's evaluation concludes that the MVBER and SGL have broadly met their objectives and continue to provide useful guidance to stakeholders. In particular, the Commission finds that:

• The 30% market share threshold and the hardcore and excluded restriction lists remain appropriate.
• The MVBER and SGL have contributed to effective competition, in: (i) preventing foreclosure of competing vehicle manufacturers, (ii) protecting cross-border (parallel) trade, (iii) enabling independent repairers to compete with authorised repair networks, (iv) preventing foreclosure of spare parts suppliers, and (v) protecting intra-brand competition between dealers of the same brand and between repairers of the same brand. However, the staff paper notes that some independent repairers still face difficulties in accessing the inputs they need to repair vehicles, which may be due to restrictions on technical information and vehicle-generated data sharing.
• Digitalisation and electrification are reshaping the entire automotive value chain, increasing the strategic importance of access to vehicle-generated data and hence the relevance of the MVBER and SGL.

Key take-aways

While only a staff working document, such that it does not necessarily reflect the formal position of the European Commission itself, businesses operating in the motor vehicle sector, and in particular in the aftermarket, should note that:

• The MVBER continues to provide a safe harbour for qualifying vertical agreements until 31 May 2028.
• The European Commission's latest evaluation broadly endorses the current framework, meaning that no immediate regulatory changes are anticipated.
• The European Commission notes that restrictions on access to technical information, vehicle-generated data, spare parts, and diagnostic tools remain barriers to full and effective access for independent repairers. The evaluation highlights the increasing strategic importance of such data and its implications for competition in the independent aftermarket.
• The evaluation provides a basis for the future of the MVBER framework, which, based on the European Commission's observations in the staff paper, seems likely to be renewed beyond 31 May 2028. Stakeholders should monitor upcoming policy proposals closely.

Other authors: Peter Turner-Kerr and Raphael Dionis.