🚨🚗 contrast competition update – Acquisition of Porsche Centre East-Flanders by D’Ieteren approved by Belgian Competition Authority subject to behavioural commitments

On 10 June 2024, the Belgian Competition Authority (BCA) approved the acquisition of the official Porsche dealer Porsche Centre East-Flanders by D’Ieteren subject to certain behavioural commitments.

D’Ieteren is the official importer of new Porsche vehicles and original spare parts for Belgium. At the same time, D’Ieteren is also active downstream as it owns 6 (out of 9) locations of the official Porsche network in Belgium. By acquiring the Porsche Centre East-Flanders, D’Ieteren now owns 7 locations.

The BCA had raised serious concerns as to the proposed acquisition, because of a risk of (i) reduced competition in some local catchment areas for repair and maintenance services and (ii) input foreclosure of independent dealers.

In response to these concerns, D’Ieteren made the following behavioural commitments, to which it must adhere for 10 years:

1. Safeguards regarding existing and new approvals of Porsche sales and/or after-sales outlets

2. The implementation of Chinese walls for commercially sensitive information relating to Porsche between the import and retail divisions of D’Ieteren

3. A general non-discrimination obligation on the part of D’Ieteren towards independent dealers

4. A commitment to voluntary notify to the BCA any future acquisitions of remaining official Porsche dealers even if such acquisitions were to fall below the applicable turnover thresholds.

Questions? Contact our competition partner Herlinde Burez and senior associate Laura Sente, or your usual contact at contrast.

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