Brussels, 20/09/2000 (Agence Europe) - The European Commission imposed a fine of EUR 43 million on Opel Nederland BV, Dutch importer of automotive vehicles under brand Opel. It reproaches it for having obstructed, between September 1996 and January 1998, exports of new cars for final customers living in other Member States such as Germany, France and the United Kingdom. The inspection carried out by the Commission had started in December 1996 on the basis of complaints made by clients wanting to acquire cars a lower prices in the Netherlands. It became clear that Opel Nederland had concluded and followed, since September 1996, a three point strategy aimed a obstructing or preventing the activities of its dealers with regard to car sales to clients from abroad, including final consumers. The instructions given directly by the regional Directors repressible in Opel Nederland to a certain number of export dealers, and the future undertakings made by a number of these dealers stipulating that they had ceased all export sales, indicate that Opel Nederland was in fact looking to noticeably reduce the exports. Nearly all the dealers in questions are located in border regions, where export activities play a traditionally import part. The dealers had, furthermore, been informed that the cars where to be sold as a priority in the Netherlands. Moreover, between October 1996 and January 1998, Opel Nederland had launched several sales campaigns stipulating that the bonuses would be refused to dealers selling their goods to final consumers residing abroad (which form a significant part of their profit).
All of these measure are contrary to the provisions of Article 81 § 1 of the EC Treaty banning any agreement between companies susceptible a affecting trade between Member States and being an obstacle to free competition in a single market. The (EC) regulation N° 1475/95 of the Commission guarantees, for its part, to European consumers the possibility of buying a new car there where it is most advantageous for them. By deciding on the fine, the Commission feels that the measures adopted by Opel Nederland where aimed at preventing consumers from benefiting from the single market as guaranteed by the said document. It also felt that the Dutch importer was aware of the inadequacy of its behaviour and Community competition regulations.
This case is comparable to that of Volkswagen, sanctioned in January 1998 for a similar attitude and which has just appealed (see, among others, yesterday's EUROPE, p.15). it must be noted that the Commission's DG Competition continues to receive complaints from consumer, mostly German, the latest formal proceeding having been opened against DaimlerChrysler. The Commission intends to fight with firmness against this kind of practice which "forms a very serious infringement of Community competition regulations as they as an obstacle to the proper functioning of the single market".