Automotive industry antitrust advice announced. March 23, the National Development and Reform Commission official website of the "anti-monopoly guide for the automotive industry" (Draft) (hereinafter referred to as "" Guidelines ""), and for the public for comments.
The release of "guidelines" for monopolistic behavior in the automotive industry conducted a comprehensive clarification and explanation of the manifestations of the automotive sector monopoly behavior. The industry generally believe that the introduction of "guidelines" for the automotive industry to break the monopoly of the industry to improve the competitive environment has important significance, auto dealers, auto parts suppliers and aftermarket service business environment will be improved.
Clear vertical price monopoly
Since 2014, the penalty for car monopolistic behavior, mostly due to vehicle manufacturers involve auto parts or vehicle price limit. The industry is also called vertical price monopoly.
"Guide" that "anti-monopoly law," Article XIV explicitly prohibit or restrict competition very obvious fixed resale price and defining the minimum resale price, and noted that the negative effects of vertical price restrictions mainly in the maintenance of high prices, and the promotion of horizontal Portrait of conspiracy to weaken inter-brand competition and brand competition within the exclusion of competitors and so on.
"Guide," said that if the party to the agreement because the pressure or incentive, the proposed price, the highest price or the guide price to be executed by the majority or all of the dealers, the actual effect is equivalent to the fixed resale price or minimum resale price limited time, according to case specific circumstances, such acts are likely to be identified as the fixed resale price or defining the minimum resale price. The industry believes that, in other words, this behavior was identified as vertical price monopoly.
In the industry view, the "Guide" will help to improve the car dealer with respect to the weak position of the vehicle manufacturers.
Geographical and customer restrictions will be broken
Geographical restrictions and constraints of our clients are the "Guide" is mentioned, and specifically for the longitudinal monopoly. Which refers to geographical restrictions supplier commitment in a specific area of the distribution of one or several auto suppliers, distributors undertake not to sell to other distribution areas. Customer limit is limited to auto suppliers will only goods sold or may be sold to specific customers.
"Guidelines" that the geographical restrictions and client limitations may weaken competition within the brand, market segmentation, contributed to price discrimination. Effective implementation geographical restrictions and customer restrictions lead to other dealers difficult to obtain supply, hindering the promotion of the new distribution model is more efficient, so that prices of goods and services remain high. Sometimes, however, geographical restrictions and client limitations can also be improved distribution efficiency.
It is understood that after a lot of vehicle manufacturers will formulate business policies strictly prohibit the sale of car dealers across the region, once identified, the dealer will be severe penalties for manufacturers. The "Guide" will clear geographical restrictions monopolistic behavior, vehicle manufacturers restrict the behavior of dealers is expected to reverse, consumers will also get more rights and opportunities for choice.
Spare parts distribution channels will open up
Car high vehicle accessories and maintenance than zero integer monopoly has been criticized. Because distribution channels are part of long-term monopoly of some car manufacturers, consumers in order to obtain high-quality components only in the brand's 4S shop to buy, it also allows these vendors to develop on parts prices can be arbitrary, restricted healthy development of China's auto repair industry.
For these phenomena automotive aftermarket, the "Guide" has also been clearly defined, carmakers have said there is no justification for the dominant brand in its automotive aftermarket, it should not be limited to the initial installation of auto parts manufacturers supporting "double standard items" (ie, car manufacturers and not to provide the initial installation parts accessories manufacturers reached agreement to prohibit the latter affixed its own trademarks, logos and car parts code on initial installation parts); not It should be limited to the supply and circulation of aftermarket accessories; information technology should not be limited maintenance, maintenance tools and test equipment availability.
The industry believes that to solve the auto repair parts and service technicians and other monopoly issues will open up auto parts distribution channels to promote public service information, and good after-sales service in the field of spare parts sales as well as independent third-party maintenance service providers.
1 Used car limit move is regarded as a monopoly
Concern in the used car hinder development limit migration issues, "Guide" also made it clear that the executive authorities and authorized by law with administrative affairs functions of the organization Automobile Dealers should not violate "antitrust laws" Chapter V provisions to eliminate or restrict competition, which includes second-hand car which limit evictions.
In recent years, more and more local governments used car limit immigration policy. China Automobile Dealers Association survey shows that currently there are 95 percent of the prefecture-level city moved to limit the implementation of the second-hand car policy. State five standard to 12 cities in China IV standard over 261 cities, country, three standards more than 51 cities in the country two more than the standard three cities. This results in a rich source of cars, second-hand car second-tier cities can not properly settled, severely restricted the flow of used cars.
The industry generally believe that the "Guide" to define the limit of the used car moved behavior, it is expected to lift the restricted flow of used cars for many years to protect local limit migration policy, deregulation of used cars in circulation, increase vitality of the market, promote the rapid development of the used car industry .
2 new energy vehicles enjoy partial immunity
"Guide" made it clear in the horizontal monopoly agreements, development and production of new energy vehicles in the process of horizontal cooperation agreements, it allows competitors to share the investment risk, improve efficiency, and promote the public interest.
Meanwhile, in the common case of "Guide" vertical monopoly agreements exemption cases it included "fixing the resale price and defining the minimum resale price of the promotion of new energy vehicles," and clearly pointed out: To save energy, protect the environment, to avoid "service free ride "in the promotion of new energy vehicles, short-term (eg: 9 months from auto suppliers for specific models issued the first day approved the sale invoice starting) fixed resale price and defining the minimum resale price for dealer incentives efforts to promote new energy products, increase sales and expand market demand for new products is necessary, and thus can contribute to the success of new products to market, giving consumers more choices.
Earlier, the deputy director of the NDRC price supervision bureau Lu Chunyan has made it clear that the new energy vehicles China is a major industrial policy, the promotion of new energy vehicles can get vertical price restrictions exemption is in line with national strategic needs.