Subaru Australia Faces Legal Battle with ACCC Over Alleged Misleading Conduct

Subaru Australia Faces Legal Action for Allegedly Withholding Vehicle Repair Information

Subaru Australia is currently under scrutiny from the national consumer watchdog for purportedly not sharing vehicle repair details with independent workshops. The Australian Competition and Consumer Commission (ACCC) has initiated legal proceedings against Subaru, accusing the company of not providing independent repairers with the necessary software and technical data that are accessible to its own dealers.

This legal action by the ACCC marks the first instance of court proceedings related to breaches of the service and repair information sharing scheme. ACCC Commissioner Luke Woodward stated, “We allege Subaru Australia failed to comply with the Motor Vehicle Service and Repair Information Sharing Scheme (MVIS), which is designed to promote competition among Australian car repairers.”

Woodward further added, “As a result, consumers may have been unable to use an independent, local, or family-run repairer instead of opting for Subaru’s dealerships.”

The ACCC is seeking penalties and costs as part of the legal action against Subaru. The MVIS was introduced in July 2022 under the Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Act to empower consumers with the ‘right to repair’ their vehicles.

“The MVIS was created to foster competition by allowing consumers to choose a local mechanic of their preference. For this to be feasible, independent mechanics must have fair and equal access to motor vehicle service and repair information to compete fairly with dealerships,” explained Mr. Woodward.

Subaru’s alleged breaches of the MVIS occurred between July 1, 2022, and August 31, 2024. The ACCC will argue that Subaru Australia violated the MVIS by not offering independent repairers the same information provided to its dealerships or by restricting access through remote assistance only.

Furthermore, Subaru allegedly mandated independent repairers to purchase specific hardware to connect the software to the vehicle and offered to supply information annually instead of daily, monthly, or as requested by Australian repairers. The ACCC also claims that Subaru failed to promptly or at all provide information to two independent repairers upon request.

While this legal action represents the ACCC’s first Federal Court proceedings regarding a breach of the MVIS, it is not the initial instance of an automotive brand facing allegations of contravening the scheme. In September 2024, the ACCC issued an infringement notice to Honda Australia for breaching the scheme, resulting in an $18,780 penalty for allegedly not making its Honda Diagnostic System Software suite available through daily or monthly subscriptions.

For further details, CarExpert has reached out to Subaru Australia, known for its popular models such as the Forester SUV, Crosstrek small SUV, and Outback wagon, for comments on the case.

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