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8 January 2018
A master radio and television technician is taking Apple and Samsung to the Federal Cartel Office. His goal: affordable spare parts for everyone!
It's a David versus Goliath story: David in this case is Detlef Vangerow, a master radio and television technician from Reutlingen , while the two giants are the smartphone manufacturers Apple and Samsung. Because they refuse to supply independent repair shops with spare parts, Vangerow has initiated proceedings against them at the Federal Cartel Office.
"Independent workshops often don't get spare parts from the manufacturers, or only at higher costs. Suppliers dictate the market. It's unfair," explains the tradesman. He has concrete evidence of the manufacturers' practices that hinder repairs. Samsung simply ignores independent workshops, master craftsmen registered in the trade register, for their own benefit. Their only option is to order the parts through the wholesaler Aswo, albeit at completely different prices. For a TV panel, they have to pay about twice as much as a Samsung service partner who is supplied directly by the manufacturer. There are also significant differences with smartphone displays. "We're sometimes talking about differences of several hundred euros for a spare part," explains the Swabian entrepreneur.
Detlef Vangerow would like to repair more cell phones. Photo: © Trinkhaus The Federal Cartel Office is now to examine whether the manufacturers' behavior constitutes anti-competitive discrimination and compels them to change their supply policies. Vangerow's lawyer, Sarah Schumann, bases her application to the Cartel Office on a ruling by the Federal Court of Justice . In this ruling, Germany's highest civil court states that a manufacturer may not freely determine whom it supplies and under what conditions if this leads to a restriction of free competition.
The campaigners' aim is clear: Every tradesperson should have access to spare parts at the same prices. "Repairs secure the existence of repair shops and preserve technical expertise in Germany! And spare parts are the key to repairs," emphasizes the Reutlingen tradesman. On his website, he even calls for a "repair revolution ." "More repairs are in the interest of trades that rely heavily on repairs," explains Dr. Alexander Barthel, Head of the Department of Economic and Environmental Policy at the German Confederation of Skilled Crafts. "For automotive mechanics, bodywork specialists, and electricians, they are an important service."
Operations management
Operations management
Operations management
David is by no means alone in his fight: Vangerow represents the interests of hundreds of independent repair shops in Germany, runs the repair network " meinmacher.de, " and is a co-founder of the " Round Table Repair " initiative. In a letter of support, many members of the Round Table have contacted the Federal Cartel Office, urging it to take action. A key argument: These same manufacturers have committed themselves in France—where the law requires them to—to providing spare parts for an extended period. There, every repair shop can also obtain these parts. "This makes the manufacturers' behavior in Germany all the more incomprehensible and scandalous," the initiators write.
Photo: © maksym yemelyanov/123RF.com A recent study by the North Rhine-Westphalia Consumer Center also shows that most manufacturers hinder the repair of their products. Only the devices of a single company could be easily repaired. This obstructionist policy often makes repairs impossible or prohibitively expensive. This not only disadvantages independent repair shops but also customers: they have to pay more or buy a new device, even though they would prefer to have their old one repaired.
Another unpleasant effect: Defective products end up in the trash, and mountains of electronic waste grow, damaging the environment and the climate. Therefore, during the "European Week for Waste Reduction" in mid-November 2017, the Federal Environment Agency (UBA) called on consumers to repair electrical devices themselves or to commission experts – such as those in the electrical trade – to do it. The UBA also wants to make repairs to household appliances tax-deductible, even if the repairer repairs them in-house. The German Environmental Aid organization even calls for a right to repair. It has formulated proposals for lawmakers, demanding that manufacturers offer original spare parts for all their products at reasonable prices for at least seven years and make repair instructions available free of charge. Furthermore, the environmental organization believes that the VAT rate for repairs should be reduced.
Vangerow and his colleagues want to drive the repair revolution forward and are tackling it on a broad front. Now they're hoping for the support of antitrust watchdogs. "We expect something to happen," the master television technician says optimistically.
Antitrust ruling:
The case involved a market-dominant firefighting equipment company that refused to supply spare parts to repair shops. The Federal Court of Justice ruled that this conduct was unlawful: "The Court of Appeal correctly assumed that the defendant, by refusing to supply the plaintiff with original spare parts, was hindering it and treating it differently from its service partners. It also agreed that this differentiation was unfair and objectively unjustified. (...) The Court of Appeal rightly pointed out that such a restriction on the distribution of spare parts amounts to the establishment of a monopoly, including in the market for maintenance and repair work, which is incompatible with the law's objective of promoting freedom of competition." Federal Court of Justice, Cartel Senate, judgment of 27 April 1999, Ref. No. KZR 35/97
The Round Table Repair
is an association of environmental organizations, consumer advocates, representatives of the repair industry, the manufacturing industry, academia, and repair initiatives. Its goals are to strengthen repair, reduce resource consumption, and promote local economic development.
His demands on politics:
- Access to affordable spare parts and spare parts from old devices
- Reduced VAT rate for repair services and used goods
- Repair-friendly product design
- Consumer education
- Provision of technical data and diagnostic software
- Repair authorization for more specialist companies, even during the warranty period
round-table-repair.de
Electronic waste:
The global dump of old electrical appliances is a new study According to the report, worldwide scrap increased by eight percent in 2016 compared to 2014, reaching 44,7 million tons. This corresponds to the weight of 4500 Eiffel Towers. Of this, only 8,9 million tons, or approximately 20 percent, were recycled. A further increase of 17 percent to 52,2 million tons is expected by 2021.
More on the topic of electronic waste
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