After investigating a number of automobile monopoly cases, China's automobile anti-monopoly continued to move toward the deep water area. Recently, the National Development and Reform Commission's Price Supervision and Inspection and Anti-Monopoly Bureau organized relevant preparatory meetings to officially launch the research and drafting of the anti-monopoly guide for the automobile industry. It is reported that the guide will cover automobile intellectual property abuse, auto industry antitrust regulation, leniency system, exemption procedures, suspension of investigation procedures, and calculation of fines.
At present, the car anti-monopoly guide does not have a specific implementation time. However, the analysis pointed out that China's "Anti-Monopoly Law" has been implemented for many years. Until last year, some vehicle manufacturers and parts companies were punished. Some market participants did not clarify the legitimacy of their actions. With the drafting and implementation of the automobile anti-monopoly guide, it will further regulate the behavior of market entities, which means that China's anti-monopoly has become normalized and institutionalized.
The "Code of Conduct" will clarify the monopolistic behavior It is reported that the automobile anti-monopoly guide drafted this time will involve intellectual property abuse, auto industry anti-monopoly regulation, leniency system, exemption procedures, suspension of investigation procedures and calculation of fines, and so on.
According to sources, the automobile anti-monopoly guide will consist of two parts, vehicle sales and after-sales service, which will strictly define the vertical monopoly and horizontal monopoly behavior of the auto industry. On the one hand, it will clarify the monopolistic behavior of the automobile industry, on the other hand, it will better weigh the interests of manufacturers, distributors, parts and components enterprises and parallel imports.
The analysis pointed out that since the implementation of China's Anti-Monopoly Law, there have been no specific implementation rules, and each industry has its own particularity, which has led some market entities to be unclear whether their actions violate the Anti-Monopoly Law. There is a certain controversy in the field, which requires a clearer corporate "code of conduct", so that companies can clearly know which "red line" can not step on.
The relevant person in charge of the Price Supervision Bureau of the National Development and Reform Commission said that after the introduction of the anti-monopoly guidelines of the automobile industry, it will provide operators with clearer behavior guidance and reasonable expectations, and promote operators to actively abide by the "Anti-monopoly Law" and promote China's automobile market. Effective competition. At the same time, the guide will promote transparency of law enforcement and guarantee the right of defense of the companies under investigation.
At present, the implementation time of the final release of the automobile anti-monopoly guide has not yet been determined. In accordance with the relevant working procedures, the NDRC will entrust relevant parties to carry out targeted research on the subject. After the preliminary draft is formed, the opinions of relevant parties will be extensively consulted. Based on sufficient research and argumentation, a mature draft will be formed and discussed in accordance with legal procedures. After the passage of the anti-monopoly commission issued by the State Council.
"The final introduction of the guide can further promote the anti-monopoly law in the automotive industry. Through open, clear and effective rules, market participants can clarify the consequences of their actions and promote the market standardization of the enterprise." A market analyst Point out.
Anti-monopoly in the automobile market has entered the normalization The start of the drafting of the anti-monopoly guide for automobiles is the heavy punch that the management department once again hit the market monopoly after the continuous investigation and punishment of the monopolistic behavior of many car companies since last year.
At present, China has ranked first in the global automobile production and sales for six consecutive years. Although the growth rate of sales in the first half of this year has fallen sharply, it is far ahead of the second place in the United States. However, the maturity of China's auto market has a certain gap with the European and American markets. The relevant personages of the National Development and Reform Commission said that the automobile anti-monopoly case is complicated and must adhere to the analysis of the case-seeking truth-seeking. The guide will combine the development stage and actual situation of the Chinese market and draw on the experience of other countries.
It is reported that in the anti-monopoly promulgated by Japan, it is expressly prohibited that automobile suppliers (including automobile manufacturers and general agents) directly or indirectly limit the retail price of dealers, but allow the suggested retail price to be set. This includes refusing to supply new cars or refusing to pay rebates if they are not sold at the specified price, implying that dealers are prohibited from advertising at low prices.
The EU's anti-monopoly guidelines have been revised three times. The current regulations are the 2010 Vertical Agreement Exemption Regulations and the Auto Industry Exemption Regulations 2010, which clarify horizontal monopoly agreements, vertical monopoly agreements, and abuse of market dominance.
Zhang Zhiyong, a senior auto analyst, said that from the previous monopoly investigations, the NDRC’s investigation of market monopolies has become more normal. With the continuous refinement of relevant regulations, it will inevitably regulate the behavior of the participating entities in the market, promote the healthy development of the industry, and thus protect the rights and interests of consumers.
At present, in addition to the drafting of the anti-monopoly guide, a series of anti-monopoly measures will be released in China, including the “Automobile Sales Management Measures” that are being adjusted and revised, and the “Car Maintenance Technology Information Disclosure Implementation Management issued by the Ministry of Communications in February”. The method (Draft for Comment) requires that passenger cars and buses should be publicly repaired technical information within 6 months from the date of listing.
Last year, the State Administration for Industry and Commerce also issued the "Announcement on Stopping the Implementation of the Recording of Automobile Distributors and Authorized Dealers of Automobile Brands". The business license of the business license has been registered as the "XXXX brand car sales" car dealer and automobile brand authorization. Dealers can apply for a change registration as "car sales."

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