Mitsubishi Motors Australia Limited

On 11 September 2020, Mitsubishi Motors Australia Limited (MMAL) lodged an exclusive dealing notification with the ACCC. The notification involves MMAL offering a 10-year or 200,000km (whichever occurs first) warranty to purchasers of new Mitsubishi vehicles on condition that the purchaser exclusively acquires aftermarket servicing from an MMAL dealer or service centre. Under the terms of MMAL’s existing five-year warranty, purchasers of new Mitsubishi vehicles can choose to use independent service centres without affecting their warranty (provided the vehicle is serviced in accordance with Mitsubishi's specifications). The five-year warranty, with non-exclusivity as to choice of service provider, remains available to Mitsubishi customers.

On 18 December 2020, the ACCC decided not to object, based on current information, to MMAL’s exclusive dealing notification. The ACCC’s assessment is set out in the Statement of Reasons which is available below. The ACCC is not satisfied, based on the information it has received to date, that the Notified Conduct has the purpose, effect or likely effect of substantially lessening competition in any market. The ACCC is concerned to ensure the conduct does not remove the constraint imposed by independent mechanics’ ability to constrain the price and service decisions of Mitsubishi dealers and service centres. If appropriate evidence should come to light that the notified conduct is adversely affecting the ability of independent mechanics to compete on their merits to a substantial degree, and at that time, the ACCC does not consider the public benefits of the notified conduct outweigh the public detriments, including from a lessening of competition, the ACCC is able to move to revoke the notification.