We all agree that the Right to Repair has enormous potential to strengthen the industry – but, with just a little action, the campaign may become even more impactful.
This becomes clear when you consider that the Competition Commission has been charged with dealing with any complaints made against the Guidelines for Competition in the South African Automotive Aftermarket. One little-known fact is that, when it comes to complaints related to Section 12 of the Guidelines (making provisions for access to technical information), the Commission is more likely to respond to complaints laid by ISPs than by members of Right to Repair. That’s because many of the sections make specific references to ISPs. Section 12, for instance, states that “OEMs must make available to ISPs the OEM-technical information relating to its Motor Vehicles”.
That’s not to say that concerned members of Right to Repair shouldn’t lay a complaint if they catch someone failing to comply with the Guidelines. However, the Competition Commission would regard the complaint as theoretical in nature, because the Guidelines have no direct bearing on the organisation. As a result, the OEM is more likely to be successful in its appeal against the complaint than if it had come from an ISP.
That said, if you feel moved to lay a complaint, please do so! And please encourage other ISPs to do the same.
If you’re hesitating to take action, please be assured that Right to Repair SA has not received any backlash from laying a complaint, and nor have any ISPs. If anything, relationships have been bolstered because OEMs are starting to realise that businesses are aware of their rights and ready to stand up for them.
Contact kate@r2r.org.za if you’re unsure whether an act qualifies as non-compliance, or visit www.right2repair.org.za for more information. If you would like to alternatively report non-compliance, mail the Competition Commission at https://www.compcom.co.za/lodge-a-complaint/.