Official Journal of the European Union

C series

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C/2025/516

Judgment of the Court (Tenth Chamber) of 5 December 2024 (request for a preliminary ruling from the Administratīvā apgabaltiesa – Latvia) – ‘Tallinna Kaubamaja Grupp’ AS, ‘KIA Auto’ AS v Konkurences padome

(Case C-606/23,

Tallinna Kaubamaja Grupp and KIA Auto)

(Reference for a preliminary ruling - Competition - Agreements, decisions and concerted practices - Article 101(1) TFEU - Vertical agreements - Restriction ‘by effect’ - Agreement establishing restrictions in respect of car warranties - Obligation for the competition authority to demonstrate anticompetitive effects - Actual effects and potential effects)

(C/2025/516)

Language of the case: Latvian

Referring court

Parties to the main proceedings

Applicants: ‘Tallinna Kaubamaja Grupp’ AS and ‘KIA Auto’ AS

Defendant: Konkurences padome

Operative part of the judgment

Article 101(1) TFEU must be interpreted as meaning that it does not require the competition authority of a Member State, when assessing whether an agreement establishing restrictions in respect of car warranties which oblige or induce car owners to carry out the repair and maintenance of that car solely at authorised representatives of the car’s manufacturer and to use the original spare parts of the manufacturer in its servicing, in order for the car’s warranty to remain valid, may be characterised as a restriction of competition by effect, within the meaning of that provision, to demonstrate the existence of specific and actual restrictive effects on competition. It is sufficient for that authority to demonstrate, in accordance with that provision, the existence of potential restrictive effects on competition, provided that they are sufficiently appreciable.

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ELI: http://data.europa.eu/eli/C/2025/516/oj

ISSN 1977-091X (electronic edition)

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Language of the case: Latvian.