The competition regulator has launched Federal Court proceedings against Subaru Australia over alleged breaches of the Motor Vehicle Service and Repair Information Sharing Scheme.

In its first such action, the Australian Competition and Consumer Commission accuses the car maker of failing to give independent repairers software and other technical information in the same way it did to Subaru Australia dealerships.

“As a result, consumers may have been unable to use an independent, local or family-run repairer rather than using Subaru’s dealerships,” ACCC commissioner Luke Woodward said.

“This is the first court proceeding the ACCC has taken for alleged breaches of the service and repair information sharing scheme.”

Under the scheme, data providers including car makers have to offer the service and repair information, or “scheme information”, needed to work on vehicles to all Australian repairers on fair and reasonable commercial terms.

The ACCC accuses Subaru Australia of failing to offer independent repairers the same scheme information it gave to Subaru Australia dealerships or providing access via remote assistance only; requiring independent repairers to also buy hardware to connect the software to the vehicle; offering to supply scheme information only on an annual basis, when it was required to offer it on a daily or monthly basis; failing to provide scheme information to two independent repairers immediately upon request.

“The MVIS was designed to promote competition by enabling consumers to go to a local mechanic of their choice,” Mr Woodward said. “To make that possible, independent mechanics need to be given fair and equal access to motor vehicle service and repair information so that they could compete on a level playing field with dealerships.”

The ACCC is seeking declarations, penalties, costs and other orders.

The Victorian Automotive Chamber of Commerce says the ACCC action “sends an important signal that the obligations on manufacturers are real and will be tested.

“Modern vehicles are effectively computers on wheels, and independent workshops need the same information, on the same terms, to diagnose and repair them safely.

“Motorists should be able to have their vehicles serviced by the workshop they trust, whether that’s a dealership or an independent, local or family-run business.”

Chamber CEO Peter Jones says the scheme “is only as good as its enforcement. This action shows the obligations on manufacturers aren’t optional, and that’s exactly the message the industry needed to hear.”

Insurance News has approached Subaru Australia for comment.