News & Insights

Honda Australia has paid a penalty of $18,780 following an infringement notice from the ACCC for an alleged breach of the Motor Vehicle Service and Repair Information Sharing Scheme (MVIS Scheme) information sharing requirements.

Honda Australia’s alleged conduct

The ACCC alleges that from 1 July 2022 to 6 May 2024, Honda Australia offered to supply diagnostic software to independent repairers by yearly subscription, but did not give the repairers the option to purchase less expensive subscriptions on a monthly or daily basis. As such, the ACCC claimed that Honda Australia inherently breached the requirements of the MVIS Scheme, which is designed to make vehicle repairs and servicing more competitive by providing independent repairers the same technical information that dealerships have.

What is the MVIS Scheme

The MVIS Scheme is a mandatory scheme implemented to promote competition in the Australian automotive service and repair sector. The scheme requires motor vehicle service and repair information to be made available for purchase by all Australian repairers, at a price that does not exceed its fair market value.

We have done a deep dive into the MVIS Scheme in a previous insight.

What to expect next

This was the first ACCC enforcement action for an alleged contravention of the MVIS Scheme. The ACCC have said that they are continuously conducting compliance checks and will take appropriate action where necessary – including commencing proceedings in the Federal Court. It should be noted that contraventions of certain provisions of the scheme may result in a penalty of up to $10,000,000 per contravention.

Advice for motor dealers

Macpherson Kelley advises motor dealer clients on all aspects of their legal and commercial day-to-day requirements – including MVIS. If you have any questions on the above, please contact our motor dealer team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.