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Automotive

The firm has a large practice in the fields of competition and regulatory law dedicated to the needs of the automotive industry.

Competition law

The distinct features of the automotive industry have brought about the application of specialised competition rules to the sector, rules which are again facing a dramatic overhaul with the expiry of the current block exemption regulation.

By advising a number of major automobile manufacturers and large component suppliers on how to meet these requirements over the past 20 years, Van Bael & Bellis has developed unparalleled experience and knowledge in advising clients on the sector-specific issues that arise in the automotive industry. Van Bael & Bellis is recognised as an authority in this field. Members of the firm speak and write frequently on these issues and have organized specialist conferences. They have also contributed actively to the process leading to the adoption of the relevant block exemptions.

The competition law team has represented clients in numerous competition investigations at both EU and national level concerning issues such as :

  • parallel trade in vehicles
  • the appointment of authorised repairers
  • vehicle warranty conditions
  • the use of intellectual property rights and tooling ownership to restrict parts supply
  • the access of independent parts wholesalers to authorized networks.

The team also counsels clients on a daily basis on how to achieve their commercial objectives whilst respecting the relevant competition rules. Projects regularly undertaken include:

  • structuring pan-European distribution systems at importer and dealer level
  • devising dealer incentive programmes
  • drawing up and implementing specialist motor vehicle competition compliance programmes
  • ensuring appropriate access to technical repair information
  • advising on State aid issues in the sector, including in connection with regional, R&D and environmental projects.

Regulatory law

Van Bael & Bellis has extensive experience regarding regulatory developments affecting the sector, including the Competitive Automotive Regulatory Framework for the 21st century (CARS 21) initiative, the Technical Requirements Framework Directive, legislation on CO2 emissions as well as other legislation on environmental, safety and sales promotion issues.

With the EU’s automotive sector becoming a main focus of the European Commission’s proposals against climate change, Van Bael & Bellis advises on a wide-range of related regulatory initiatives. This includes drawing up tailor-made compliance programmes for vehicle manufacturers intended to ensure effective and practical implementation of complex legal provisions, e.g., on gathering CO2 emissions data, on aspects of vehicle conformity and on the provision of information to consumers. As part of this activity, the firm’s lawyers organise training seminars and workshops in relation to regulatory developments within the automotive sector.

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