The ACCC has commenced proceedings in the Federal Court against Subaru (Aust) Pty Ltd (Subaru Australia) for allegedly failing to give independent car repairers equal access to the information they need to repair Subaru cars.
The ACCC alleges that between 1 July 2022 and 31 August 2024, Subaru Australia did not offer to supply independent repairers the required software and other technical information in the same way as it did to Subaru Australia dealerships, in breach of the Motor Vehicle Service and Repair Information Sharing Scheme (MVIS).
"We allege Subaru Australia failed to comply with the Motor Vehicle Service and Repair Information Sharing Scheme, which is designed to promote competition between Australian car repairers. As a result, consumers may have been unable to use an independent, local or family-run repairer rather than using Subaru's dealerships," ACCC Commissioner Luke Woodward said.
"This is the first court proceeding the ACCC has taken for alleged breaches of the service and repair information sharing scheme."
Under the MVIS, data providers (which can include vehicle manufacturers) have to offer service and repair information needed to diagnose, repair, or service, passenger vehicles (known as 'Scheme Information') to all Australian repairers on fair and reasonable commercial terms.
The ACCC is alleging that Subaru Australia contravened the MVIS by:
- failing to offer independent repairers the same Scheme Information it gave to Subaru Australia dealerships or only providing access via remote assistance
- requiring independent repairers to also buy certain hardware to connect the software to the vehicle
- offering to supply Scheme Information only on an annual basis, when it was required to offer it on a daily or monthly basis (or alternatively, for any period nominated by an Australian repairer)
- failing to provide Scheme Information to two independent repairers immediately upon request (or at all).
"The MVIS was designed to promote competition by enabling consumers to go to a local mechanic of their choice. To make that possible, independent mechanics need to be given fair and equal access to motor vehicle service and repair information so that they could compete on a level playing field with dealerships," Mr Woodward said.
The ACCC is seeking declarations, penalties, costs and other orders.
Motor Vehicle Service and Repair Information Sharing Scheme (MVIS)
The MVIS is a mandatory scheme that promotes competition in the Australian automotive service and repair sector. The MVIS requires motor vehicle service and repair information to be made available for purchase by all Australian repairers at a price not exceeding its fair market value.
The ACCC is responsible for enforcing the MVIS under the Competition and Consumer Act.
The MVIS was introduced to ensure consumers benefit from competitive aftermarkets and have a choice of outlets to repair and service their cars.
The MVIS adopts recommendations from the ACCC's 2017 new car retailing industry market study which found that independent repairers were experiencing continued problems accessing information needed to repair and service modern cars.
Many independent repairers in Australia are small businesses, and one of the ACCC's enforcement and compliance priorities is to ensure that small businesses receive the protections of competition and consumer laws.
While the ACCC has a broad oversight and enforcement role for the MVIS, the Australian Automotive Service and Repair Authority oversees the day-to-day operations of the scheme in the role of 'Scheme Adviser'.
More information about the obligations of data providers, such as vehicle manufacturers, and the roles of others under the MVIS is available on the ACCC website.
In September 2024, Honda Australia paid a penalty of $18,780 after the ACCC issued it with an infringement notice. The ACCC alleged that Honda Australia offered to supply repair software by yearly subscription only and did not give independent repairers the option to purchase less expensive subscriptions on a daily or monthly basis.
Background
Subaru Australia is the sole importer and distributor of Subaru branded vehicles in Australia. It is majority owned by Inchcape Australia Ltd, which is ultimately owned by UK-based Inchcape PLC, and 8 per cent owned by Subaru Corporation, the Japanese-based manufacturer of Subaru vehicles.
Subaru Australia is a data provider under the MVIS. Subaru Corporation is a licensor of Scheme Information.
Concise statement
This document contains the ACCC's initiating court document in relation to this matter. We will not be uploading further documents in the event that this initial document is subsequently amended.
Concise Statement ACCC v Subaru ( PDF 431.79 KB )
