With Dongfeng Nissan's 123.3 million yuan fines, over the past year, auto companies, dealers, and parts companies in the Chinese auto industry have received more than 2 billion yuan in antitrust penalties.
At the same time, the reporter recently learned from the National Development and Reform Commission's Price Supervision, Inspection and Anti-Monopoly Bureau that the "Anti-Monopoly Guide for the Automotive Industry", which is being worked out, plans to organize a second working meeting in October. The working group strives to complete the drafting work within the year, and then consults according to legal procedures. Comments are expected to be announced next year.
The Guangdong Provincial Development and Reform Commission announced on September 10 that the decision to impose administrative penalties on Dongfeng Nissan and its dealer car monopoly case was a fine of RMB 123.3 million for Dongfeng Nissan and RMB 19.12 million for 17 dealers in Guangzhou, totaling RMB 144.22 million. The reporter learned that this is the second largest ticket issued by the anti-monopoly in the automotive industry during the year, and up to 17 regional distributors were punished collectively, which also set the largest scale for dealers in the auto antitrust field.
The reporter learned that the law enforcement agencies found in the investigation that Dongfeng Nissan had the same effect on the terms of the “Business Regulations†issued by the company in relation to the “Distribution Service Agreement†signed with the distributor. Since 2012, through the distribution agreement, business regulations, price management methods, assessment system, etc., Dongfeng Nissan has implemented strict price control on the online quotation, telephone quotation, business hall quotation and final transaction price of the whole vehicle sales in Guangdong Province. .
“For example, in order to implement a unified price, the Dongfeng Nissan area supervision organizes regional distributors to negotiate regional price agreements every month. If the dealer violates the price agreement, it will impose penalties for breach of contract, notification of criticism, warning or stop of the vehicle.†National Development and Reform Commission price Lu Yanchun, deputy director of the Supervision and Inspection and Anti-Monopoly Bureau, said in an interview.
Lu Yanchun said that Dongfeng Nissan and its distributors are in the upstream and downstream of the automobile market, and each dealer is an operator with independent legal personality. Dongfeng Nissan and its distributors reached and implemented a monopoly agreement on fixed vehicle resale price, which excluded and restricted the market competition of related vehicles, weakened competition with other automobile brands, damaged consumer interests, and violated anti-monopoly. Article 14 of the Law.
According to the statistics of the reporter, since September last year, FAW-Volkswagen Sales Co., Ltd., Chrysler (China) Automobile Sales Co., Ltd., Mercedes-Benz and Dongfeng Nissan Sales Co., Ltd. have been administratively punished for violating the anti-monopoly law, with a total fine of 750 million yuan. .
In addition to car companies, dealers of the above brands often receive fines for violations of the law. The total amount of fines last year has reached nearly 60 million yuan. In addition, the Chinese anti-monopoly department issued a fine of 1.235 billion yuan for 12 parts and bearing companies in Japan in 2014. Accumulated calculations, automakers, dealers and parts companies have received more than 2 billion antitrust penalties since last year.
The reporter learned that from the time point of view, the illegal activities of car companies and dealers mainly occurred between 2012 and 2014, and this is the most "hot" years in China's auto market. As the auto market began to turn cold, China’s anti-monopoly law enforcement against various auto companies was more obvious. Since last year, under the pressure of anti-monopoly law enforcement in China, which is gradually merging with the world, Jaguar Land Rover, Honda, Toyota and other related car companies have announced price cuts for their vehicles and accessories.
After the continuous opening of the anti-monopoly fine ticket, the anti-monopoly investigation and enforcement of the automobile field, which is closely related to the interests of consumers, will go to the market, which has naturally aroused greater concern in the industry. The reporter learned from the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission that the research and drafting of the Anti-Monopoly Guide for the Automobile Industry has been officially launched.
According to Xu Xinyu, Director of the Price Supervision and Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, according to the current progress, the Guide may adopt a step-by-step, phased and progressive model, which is widely distributed through questionnaires, work meetings, and demonstration meetings. The opinions of all parties are expected to be mature and part of the launch. On the basis of the guidebook preparation meeting in June this year and the first working meeting in August, the drafting of the guidelines is progressing well, and the second working meeting is scheduled to be organized in October. The working group strives to complete the draft within the year and then seeks advice in accordance with legal procedures and is expected to be officially announced next year.
Su Hua, an associate researcher at the Chinese Academy of Social Sciences and a member of the Anti-Monopoly Guidelines Working Group of the Automotive Industry, told reporters that for the anti-monopoly compliance issue of business conduct, companies in all aspects of the automobile industry chain expressed various demands and confusions and increased the law. Deterministic, reducing corporate compliance costs is an important goal of the Guide.
Su Hua said that the Guide will clarify the circumstances under which it is possible to claim exemptions under Article 15 of the Anti-Monopoly Law. For example, in the survey and questionnaire survey, the guide drafting working group noticed that in the case of the new model promotion period, the old model clearance period, the short-term promotion and preferential activities of the auto show, and the government procurement joint bidding, the OEMs restricted the resale price of the new car. Often it is commercially necessary.
In addition, Professor Xi Jianzhong, vice president of China University of Political Science and Law, said that in practice, there are also automakers and specific end customers who negotiate directly to reach the sales price but complete the transaction through the dealer, and ultimately the warranty and recall service that the automaker bears. In the case of the price of spare parts, there are objective business reasons for the automaker to limit the resale price of new cars and accessories. However, companies need to prove that their behavior complies with the relevant exemptions and conditions, and specific issues are being further demonstrated through research, questionnaires, and work meetings.
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