The Competition Commission has issued a warning to manufacturers of smartphones, home appliances, and other electronics, stating that obstructing independent repair shops, including using software that prevents the use of spare parts before activation by the manufacturer, may violate the Competition Act.
This warning is contained in the final Guidelines on Repair, Maintenance, and After-Sales Service, which were published on Monday. These guidelines apply to items such as mobile phones, tablets, game consoles, televisions, household appliances (such as washing machines and dryers), medical devices, as well as backup power and water supply systems. Motor vehicles are excluded, as they are regulated by separate guidelines for automotive after-sales service introduced by the commission in 2021.
The Commission noted that potentially harmful practices include restricting access to spare parts or repair information, hindering independent technicians from entering or developing in the market, and pressuring consumers not to use the services of these technicians.
The guidelines go further by targeting a practice that is not explicitly named but is called 'parts pairing'—where software links a component to a specific device. Depending on the market and product, the commission will consider software that does not allow spare parts to function without manufacturer activation, and warning messages after repairs conducted by an independent specialist, as indirect restrictions on access to spare parts. Such restrictions will become a 'priority for investigation and enforcement.'
There are exceptions: control over safety or security-related components, such as anti-theft, authentication, and battery systems, will generally not be considered a restriction. This condition is met provided that such measures are applied on objective, transparent, and non-discriminatory grounds, and independent repair shops meeting the manufacturer's accreditation requirements have access on terms no less favorable than those offered to the manufacturer's authorized repairers.
The Commission emphasized that these guidelines are not mandatory and 'do not create obligations beyond those already contained in the law.' However, the Competition Tribunal is obliged to consider whether the conduct is substantially similar to the conduct described in the commission's published guidelines when imposing a fine.