3.3 Sales restrictions on the supplier

Restrictions, agreed between a supplier of components and a buyer who incorporates those components, on the supplier's ability to sell the components as spare parts to end-users or to repairers or other service providers not entrusted by the buyer with the repair or servicing of its goods, are hardcore restrictions which are generally considered to be restrictions by object.1.

Certain hardcore restrictions are specific to the motor vehicle sector. A first type may arise in the context of an agreement between a manufacturer of motor vehicles which uses components for the initial assembly of motor vehicles, and a supplier of such components. In this context, restrictions on the supplier's ability to place its trade mark or logo effectively and in an easily visible manner on the components supplied or on spare parts are hardcore restrictions and generally considered restrictions by object.2. A second type of restrictions specific to the motor vehicle sector may arise in the context of an agreement between a supplier of spare parts, repair tools or diagnostic tools or other equipment and a manufacturer of motor vehicles. In this context, restrictions of the supplier's ability to sell those goods to authorised or independent distributors or to authorised or independent repairers or end users are considered hardcore restrictions.3.