Some media reports said that the NDRC is investigating the monopoly of the auto industry and will attack it. The heads of the Asia-Pacific region of many well-known car companies received anti-monopoly investigations last week by the National Development and Reform Commission, the Price Supervision Inspection and Anti-Monopoly Bureau. Moreover, law enforcement agencies have confirmed that some car companies have suspected monopolistic behaviors such as horizontal restrictions, vertical restrictions, and abuse of market dominance, and will soon issue relevant penalties.
According to the provisions of the Anti-Monopoly Law, the relevant enterprises involved in monopoly can be fined up to 1% to 10% of the annual sales amount.
"As far as I know, we have not received an interview (notice) about the anti-monopoly of the relevant departments." Nissan China's public relations department made a clear statement in an interview with the reporter of China Business News.
The staff of a German luxury car brand told this reporter: "This involves the adjustment of relevant national laws and regulations, and there is no way to comment, only wait for (results)."
The National Development and Reform Commission has strictly checked the monopoly of car companies in China. "I have not heard the news in this regard, and I don't know." Ford China public affairs Li Ying said in an interview with reporters, while the rest of the multinational auto companies remain silent on the above news. Or not to comment.
Luo Lei, deputy secretary-general of China Automobile Dealers Association, said in an interview with the reporter of China Business News that the NDRC is indeed conducting anti-monopoly investigations on some car companies. However, it did not disclose the relevant companies involved and the penalties. It is only implicitly stated: "The relevant implementation rules are stipulated in the Anti-Monopoly Law. The NDRC will have the power to determine the specific penalties in accordance with the above-mentioned regulations."
In the view of industry insiders represented by Luo Lei, such penalties appear to be "extremely necessary" in the current market environment. "It can play the role of killing chickens and monkeys. The monopolistic behavior of current car companies is already a common phenomenon in the industry." Zhang Zhiyong, an auto analyst. In his view, the current vehicle manufacturers use power, impose regional price limits on dealers, and restrict the purchase and circulation of spare parts in the after-sales field. They are all very prominent monopolistic behaviors, and the fairness of such behaviors to the consumer market. And transparency has caused damage. For example, in the current 4S system, consumers must choose to maintain in the 4S shop, and choose the original parts, and bear higher working hours than the social repair shop or chain repair shop. .
"If the above anti-monopoly behavior can be implemented, the original parts can be freely transferred in the 4S system and the social repair system, which will undoubtedly improve the competitive environment of the market, accelerate full competition, and promote the price of accessories and services, and finally let consumption Those who benefit." Luo Lei believes.
Therefore, not only the Development and Reform Commission, as early as June 30, the Ministry of Communications also issued the "Guiding Opinions on Soliciting the Transformation and Upgrade of the Automobile Maintenance Industry to Improve the Service Quality (Draft for Comment)" on its official website (hereinafter referred to as the "Opinion Draft" ), indicating that "encourage original parts and "homogeneous parts" are freely circulated in the market, and hope to establish a unified vehicle maintenance record to break the monopoly of the maintenance parts."
Anti-monopoly should clarify rights and obligations "The prevalence of monopoly behavior of car companies, because the current domestic car market is still the seller's market." Luo Lei said. From the current point of view, although the growth rate of the domestic auto market has slowed down, imported cars and luxury cars still maintain an annual growth rate of around 20%. The demand of the market provides a fertile ground for the long-term existence of monopoly behavior of OEMs.
"The important reason behind the above anti-monopoly investigation is that the relevant state departments have tried to modify the current "Automobile Brand Sales Management Measures" (hereinafter referred to as "the Measures")." An auto industry analyst who asked not to be named told reporters "The brand management method has been opposed by some dealers since its implementation, because of its restrictions on dealer rights."
It is understood that the above measures were officially implemented on April 1, 2005. "The original intention of the method is to regulate the chaos of the auto market, and to use the systematic management of multinational enterprises to provide a rule for the establishment of the domestic dealer system." Zhang Zhiyong believes that the automakers involved in the sales of dealers and The restrictions on after-sales behavior, including training for dealers, exist as “obligationsâ€, but in the process of implementation, due to the inconspicuous policy boundaries, “obligations†are enlarged by the vehicle manufacturers into “rightsâ€. For example, in Article 18 of Chapter 3, “Automobile suppliers should strengthen the management of brand sales and service networks, regulate sales and after-sales services, and promptly announce to the public their authorized and de-authorized automobile brand sales and service enterprises. List. For enterprises that are not authorized by the automobile brand or do not have the operating conditions, they shall not provide automobile resources.†After being used as the basis for the authorization of “strict†brand dealers, the vehicle manufacturers have authorized the dealers of strong vehicle enterprises. The situation of signing once a year.
According to the above analysts, as early as 2009, the relevant departments have already investigated the above-mentioned behaviors against enterprises. However, because of the consistent “resistance†of the company, at the same time, due to the rapid growth of the domestic auto market, the dealers are still “profitable†and the revision of the measures is not so urgent. Therefore, the above investigations are not finished. .
At the moment, due to the dilution of new car sales profits and the slowdown in the growth rate of the car market, more and more dealers feel the pressure of survival. "At present, not only independent and joint venture brand dealers are losing money, but even luxury brand dealers such as BMW and Mercedes-Benz have lost millions in a single month," said the analyst. In this context, the game of the interests of dealers and manufacturers also forced the relevant state departments to "hand", trying to loosen the dealers and decentralize the power of the vehicle manufacturers.
"However, in the process of decentralization, it should not be across the board, but should be properly loosened." The above analysts believe. In his view, once the above measures are completely lifted, it will cause market confusion to a certain extent, and the decentralization will be carried out under the current "three-car law" and "consumer rights protection law" implementation is not fully in place. The details are especially important.
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