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Korean series tires involved in Chinese anti-monopoly investigation
Add time:2015-10-08 Browse number: 2310

  Following Audi, Chrysler, Mercedes-Benz and other car brand after another to be punished, the automotive industry antitrust gain another victory.

  September 10 morning, the Guangdong Provincial Development and Reform Commission announced the administrative penalty decision made Nissan cars and auto Antitrust Case - "Dongfeng Nissan Motor Sales Co., Ltd. (hereinafter referred to as the Nissan) fined 123.3 million yuan, Guangzhou Region 17 dealers fined 19.12 million yuan, a total of 1.4242 one hundred million yuan. "

  Nissan monopolistic behavior fines become far behind the Mercedes-Benz, Audi's third-largest single brand automotive industry ticket, and up to 17 regional distributors wide range of collective punishment, hitting cars so far in the field of anti-monopoly distribution the largest provider punishment.

  In fact, as early as last September, the National Development and Reform Commission antitrust investigation disclosed on the conference Chrysler, Audi monopoly case penalties announcement the two companies at the same time, has been on stand-Benz and the other in Guangdong, Japanese auto companies for investigation. Clearly, then Dongfeng Nissan did not disclose precisely this "Guangdong Japanese car firms' production within the meaning of the brand name.

  Up to now, the amount of punishment the automotive industry monopoly has more than 2 billion yuan, and behind this, the anti-monopoly law enforcement departments in the automotive field investigation is still accelerating expansion.

  Sources "currently includes a Korean-based companies, including tire companies and a number of accessories, automobile companies are being investigated." A source close to the anti-monopoly law enforcement departments to media reports.

  Clear facts

  "From the beginning of the investigation last August, after nearly a year of investigation, the facts clear, the process complete, you can publish to the node." Who participated in the case of Nissan monopoly Development and Reform Commission antitrust investigation bureau said. This means that, following the Audi, Chrysler, Mercedes-Benz three auto companies, Nissan became the fourth monopolistic behavior being punished because automobile companies.

  And auto companies had a similar monopoly, monopolistic behavior Nissan also mainly in the longitudinal direction of its monopoly dealer.

  "2012-2014 July Nissan issued by way of business regulations, price control measures, assessment system, etc., strictly limited to the Internet, telephone and business offices as well as the final transaction price quotes auto vehicle sales in Guangdong Province, and in 2013 for violations of price control measures of Guangzhou auto punishment. "September 10, the Guangdong Provincial Development and Reform Commission disclosed.

  According to "anti-monopoly law," the provisions of Article XIV: Prohibition operators and trading counterpart monopoly agreements, including fixed to a third party for resale price and limited resale to third lowest price.

  "Car companies for regional distributors to reach and implement practices fixing resale prices of car monopoly agreement, to a certain extent, exclusions and limitations related to market competition, harm the interests of consumers." September 10, long-term focus on antitrust Dacheng Law Firm Senior Partner 魏士 Lin said in an interview with this reporter.

  In addition, Nissan's Canton area also involve monopolistic behavior laterally between dealers. Guangdong Provincial Development and Reform Commission in August last year, Nissan and its dealers during the investigation, Nissan dealers in the form of price-fixing cartel offenses in Guangzhou gradually surfaced.

  Guangdong Provincial Development and Reform Commission disclosed: "Since April 2012 to July 2014, regional distributors, Guangzhou Dongfeng Nissan in Guangzhou Cooperation will be organized under several meetings, concluding and implementing the relevant vehicle price monopoly agreement."

  "According to the" anti-monopoly law, "the provisions of Article XIII, regional price fixing practices, in itself prohibit competition between operators have fixed or changes in commodity prices, dividing markets or boycott the sales transaction. Regional Cooperation will discuss the price, it is a Species horizontal monopoly way. "

  In Lin seems, under normal circumstances, the dealer level regional synergies will also frequently present price alliance participation or acquiescence car companies. If the car companies and dealers presence of horizontal and vertical mixing monopoly behavior, superimposed effect will increase the limit to exclude competition in monopolistic behavior affect determination also belong to one of the more serious situations and circumstances.

  However, the media learned that because Nissan actively cooperate with the investigation and corrective measures and positive initiative, Guangzhou dealers have stopped the price negotiations, the abolition of the price agreement. Because of this, at the discretion of the process of antitrust investigations and fines, the leniency with exemptions into account the scope of the regulation has been in the enforcement process.

  Eventually, according to "anti-monopoly law," the forty-sixth, the provisions of Article 49, the Guangdong Provincial Development and Reform Commission decided to relevant market sales of 300% fine more than a year at the Nissan, total 123.3 million yuan; to achieve and implement dealer monopoly agreement on the relevant market sales of 2% to 4% of a fine year, namely 19.12 million yuan. Prior to this, Audi, Chrysler and Mercedes-Benz and its dealers penalties ratio range between 1% and 7%.

  Perfection rules

  At the national anti-monopoly law enforcement agencies sweeping norms and regulation of monopolistic behavior, while the automotive industry, the existing anti-monopoly law system is also being gradually improved.

  June 12 this year, the NDRC announced anti-monopoly law enforcement agencies for the first "anti-monopoly guidelines," the auto industry after the official launch of the formulation of the draft, automotive Antitrust Guidelines for the preparatory group of auto companies and parts to the country group, suppliers and distributors issued the first round of the survey.

  Subsequently, on August 7, at the "car Antitrust Guidelines for the" second drafting session, including Mercedes-Benz, BMW, Audi, Volkswagen, General Motors, Geely, BYD, including the mainstream automobile companies, Bosch, Mahle, etc. Large multinational component manufacturers, the National Machine, Lei Shing Hong, Guanghui and other dealer groups were present, the car antitrust launched a fierce collision point of view.

  Participating in "Guide" drafting CASS Associate Professor Su Hua opinion, antitrust regulations need further optimization objective. "Basic Design" Antitrust Law "exemption applies to horizontal agreements more for substantive rules and exemption rules for vertical agreements are subject to further establish and develop."

  Jianzhong, vice president of China University of Politics and Law also proposes: "The current system of antitrust law in Vertical Restraints only specifies the terms and price-related behavior, but actually in the car sales process include the number of non-price class, geographic and market segmentation and other monopoly behavior, but also through the 'guide' for further refinement. "

  The legal system is not perfect, but also makes the car companies do not know whether their behavior is a certain degree of monopoly. "Currently, most car companies understand there are some deviations." Su Hua admitted that "so many firms confused the dealer's price ceiling is not can not do, but the price ceiling in the actual implementation may not be converted to a fixed transfer minimum resale price or limited. 'guide' will make the price longitudinal refine guidelines to explain the anti-monopoly law enforcement agencies, law enforcement idea, in order to provide more certainty of compliance. "

  But the requirements for using the "anti-monopoly law," Regulation dealers selling cars below cost voice, Su Hua also admitted that "not all problems to antitrust basket loaded."

  Su Hua's view, "anti-monopoly law" prohibits the selling below cost to operators occupy a dominant market position as a precondition; "Price Law" and "Anti-Unfair Competition Law" also prohibits sale of goods below cost, but Elements of different rules and penalties. "OEMs and dealers should be in control of the Three Laws, determine the specific circumstances and whether the illegal dealers sell cars cheap, which violates a law."

  Development and Reform Commission antitrust enforcement department official also admitted:. "'Guide' is not a panacea, can not solve all the problems currently facing China's auto market, 'guide' need to resolve" issues related to anti-monopoly law, "the first clear Anti-monopoly law enforcement agencies the concerns, and the second is the establishment of the automotive market competition order, protection of competition issues. "

  Continue Tiger

  "Over the last two years, the automotive industry focus on the outbreak of some monopoly, punishable by a fine of not only solve these problems fundamentally, legislation does not achieve the purpose of antitrust." Anti-Monopoly Service Development and Reform Commission said frankly. Under this thinking, successive ticket landing behind the automobile industry antitrust will further penetrate more into the pattern of the whole industry.

  "Automotive industry in-depth antitrust investigation is still in progress, after a series of previous antitrust penalties, there are still many parts enterprises and automobile companies are in a new round of investigation." September 10, have sources.

  "A Korean-based tire companies have been investigated, but not only this one, the domestic market in a number of leading companies are being simultaneously fitting the investigation." Said sources. Although the companies involved specific name is still kept in secret and can not be released, but compared with the previous 12 Japanese parts companies claim collective fines, the size of a new round of business surveys accessories also not be underestimated.

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