Court confirms 150.000 euro fine imposed on Ford Lusitana for providing incomplete information to the AdC

Press Release 15/2017
 
Court confirms 150.000 euro fine imposed on Ford Lusitana for providing incomplete information to the AdC
 
The Competition, Regulation and Supervision Court (TCRS) confirmed the €150.000 fine imposed by the Autoridade da Concorrência (AdC) on Ford Lusitana for providing false, inaccurate or incomplete information.
 
In the exercise of its supervisory powers, the AdC opened proceedings against Ford Lusitana in April 2015 due to false, inaccurate or incomplete information provided following an information request made, due to competition concerns raised against the restrictive extended motor vehicle warranty contracts.
The TCRS confirmed that the appellant "provided incomplete information in response to the request of the AdC" and considered that it has been proven that the company "acted with dolus eventualis and was aware of its illegal conduct", as stated in the court judgement.
 
The court dismissed the appeal brought by ford Lusitana, and confirmed the fine imposed by the AdC.
It is essential for the adressees to provide all accurate and complete information available to them when requested to do so by the AdC, so it can exercise its supervisory and sanctioning powers.
 
The AdC adopted three decisions in 2015 imposing fines for false, inaccurate and incomplete information under the Competition Act.
There have been other proceedings opened against other car brands. The proceedings against Ford Lusitana was closed after the company submitted commitments subsequently rendered legally binding by the AdC.
 
The intervention of the AdC in this sector in 2016 made six car brands operating in the Portuguese market amend their extended warranty contracts, which prevented consumers from having repair and maintenance services carried out by independent repairers, or otherwise lose the right to the manufacturer’s warranty.
The AdC is monitoring compliance with the commitments submitted by the addressees.
 
 
 13 October 2017