That sounds similar to the car manufacturers stance that was overturned in the European Courts as unfair trading practice.
A fair comparison (and one close to my heart too, being an R33 GTR owner. Scouring the country for car parts is such a wonderful time filler)
Correct me if I'm wrong but I don't think that issue made it to the EU Courts.
I believe it was a 2004 UK Office Of Fair Trading report, with the background threat of an EU Competition Law combined with the EC Cars Block Exemption Regulation, rather than an actual full blown court case.
I see some similarities between the two things but some major differences too.
To maintain warranties I believe the car issue now relies on manufacturers genuine parts being used and the vehicle being maintained to the "same standard" as a manufacturers' dealership would. Your guess is as good as mine as to how this is monitored within the "independent" motor trade. It probably only can be after a fatality or a serious RTA when the vehicle is then meticulously examined by the experts.
Or maybe the hurriedly brought in OFT Consumer Codes Approval Scheme (CCAS) Codes Of Practice, which it is now begging the independent motor trade to join (at a substantial cost) will be the answer.
Yup, the OFT opened the door, now you've got to pay it lots to walk through.
But here's the big difference. The car manufacturers were already selling genuine parts to the whole motor trade, not just their franchised dealerships. It was the car manufacturers who shafted the dealerships by not closing the shop on their parts availability.
The car manufacturer always wins as their parts have to be initially purchased through them via a motor factor or dealership. However there is no law forcing them to do this. It is purely profit motivated. You cannot legally force any manufacturer to sell to an open market. They can legally choose who they want to sell to.
Strange now that since 2004 some manufacturers are now only selling genuine parts for new models to their dealerships, which then have to be further purchased by the independent garage or factor. Many have also won "intellectual rights" over new software and won't be issuing it to the independent motor trade but only to trained and qualified (dealership) mechanics. Nothing the OFT or EU can do about it.
However in the Tyco / Ansul scenario the manufacturer has already stated who it sells its' genuine parts to. They are only made available to distributors. There is no other parts distribution network in existence and legally Tyco don't have to provide one. There are no other training courses but theirs and again they can legally invite who they like to attend.
Also, they (as any other company can) can legally refuse to set you up a purchase / credit account. If that latter comment is a restrictive practice, then we're all up in court next tuesday.
Copy and "similar" parts are available (as they are for just about anything these days) and I'm sure old second hand Installation / Maintenance Manuals could be sourced. Heck I've got 5 out of date ones sat in my office.
Anyone is free to have a go from that angle as they are with anything else in our trade. The more the merrier if you ask me.
