Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 21: How to Treat Aftermarkets under Article 102 TFEU

Hendrik Bourgeois


Hendrik Bourgeois Many of the contributors to this Festschrift are in a better position than I to give direct testimony of Jacques Bourgeois’ outstanding qualities as a teacher, academic, mentor, legal counsel, advocate, colleague, and friend. Be that as it may, I am quite confident that it is as a father that he really surpasses himself. My contribution addresses a question that he and I some time ago discussed. At the end of that discussion, as happens more often than not when I debate all sorts of things with him, I was left with a lingering feeling that some of my arguments had not quite convinced him. This is a modest attempt to set the record straight. 21.1 INTRODUCTION The manufacturing and sale of durable equipment that requires ongoing maintenance, spare parts, or related consumables once the durable equipment has been purchased, constitutes an important part of Europe’s economy.1 I refer to the first type of equipment as ‘primary equipment’ (including, for instance, mechanical, electronic goods and IT products, covering everything from kitchen appliances to automobiles, from cameras to printers, and from computers to healthcare equipment). I refer to the maintenance servicing, spare parts or consumables (for instance the cartridge in a printer), add-on products, applications and upgrades related to primary equipment as ‘complementary products and/or services’. The market for these products and/or services is often referred to as the 1 In terms of number of enterprises, turnover, value added, or persons employed, roughly 15 per cent of the...

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