Automotive Antitrust Guidelines for the end of the beginning of a fixed price or an exemption?

Posted on 10/20/2015 11:02:42 AM

"This is probably the last chance before the completion of the first draft." October 9, No. 38 on the altar South Street opposite the State Development and Reform Commission in a conference room, being held car Antitrust Guidelines for the work of the meeting, the National Development and Reform Commission antitrust Bureau officials disclosed the process and timetable "Guidelines" developed "before the end of this month, we will come up with the first draft of 'guide' is. After conducting much debate, is expected in June next year to submit the antimonopoly committee."
In fact, this is the anti-monopoly Bureau of the NDRC in August following the second convocation including automobile companies, dealer groups, parts suppliers and other automotive industry on behalf of the whole industry chain parties to collective comments. After two months, the same diesel nozzles conference room, participants more than doubled, while meeting long also increased from the first meeting of the "four hours" to "all-day meeting." In addition to the Ministry of Commerce, Ministry of Transportation, the State Administration for Industry and other relevant state ministries and commissions, the main vocal parties involved in the discussions, including China Association of Automobile Manufacturers, China Automobile Dealers Association, the National Federation of Automobile Dealers Association, China Automotive Repair Association, including a car industry-related organizations, and automobile companies, dealer groups, parts suppliers and nearly 50 law firms and other related units.
To seize this opportunity, "the last time" to express their views, the meeting site from the automotive industry, the whole industry chain of stakeholders on behalf of the war of words, words sharp escalation of confrontation.
Within a specific period
Can exempt fixed-price scenario?
Not surprisingly, the vertical price on the first working meeting was widely discussed whether they should limit the promotion of new cars and clear inventory of two special issues such as exemption period, again investigate auto companies and associations as well as dealers agencies Focus.
Mercedes-Benz representative of opinion, "new car inventory clearance promotion period and shall be exempt from stage at least six months."
"Frankly, if seven years is an automotive product life cycle, it is a golden period of the previous two years, we hope to maintain the initial products on the market price stability, so you can quickly recovered the early part of the investment recommended the promotion stage of a new car exemption period can be set at one year, at least not less than six months. "The Mercedes-Benz representatives also said," As the clearing bank on the last stage of the automotive product lifecycle, many dealers use Qizhe promotions even lower This phase also hopes to leave six months immunities car prices and auto prices agreed behavior. "
BMW representatives also suggested that long should be treated differently when different nature of the new product exemption. "If a new brand to market, does not give some time to promote and publicize the brand, it is difficult to become a real market competitors, and therefore the promotion of new brand products exemption period should be longer, such as one year; and for The new generation of products, but also involves a lot of new technology requires the dealer to do some training, etc., can be given a relatively long time exemption, such as a year or six months; for a product's life cycle facelift, although there are some new technology, but we believe that the promotion of the exemption period of time can be slightly shorter. "The BMW Representative further explanation.
However, Guo Yong Beijing North automobile business information center manager opinion, the promotion of a new car can have, but not too long. "From a market point of view, after a rapid price changes, new products to market chaos, for the entire market, and consumers at a disadvantage. So we think we can reasonably be expected to a certain period of time. But this time not too long, we recommend about three months. "
However, in the majority opinion on behalf of the dealer group, vertical price restraints on the promotion of antitrust immunity not to be endorsed.
"Some companies spend billions to invest in developing a product, investment is indeed high, but the market buying account many factors, such as product positioning. Before there is a business of a product, the listing price set Debu high , but still no longer marketable. It also shows that the success of a product, and product pricing and competitiveness if there is a lot to adapt to. In this case, the promotion of the so-called markets, with market prices and better selection mode . "Secretary-General of the National Federation of Automobile Dealers Association Zhu hole Source believes that the market price of the new car market by the promotion of a more appropriate choice.
Although there may be certain circumstances an exemption, but the exemption of rigid time limit and does not appear. "In the forthcoming 'guidelines', the 'up' and 'at least' two words that will not appear, nor hard time setting a clear exemption." "Guide" the development team members Su Hua said, "Guide "More will be making some illustrative list, the obligation to assess the legality of their actions or in the various corporate body.
Electricity providers and other new forms of sales
It should not be an exception?
For being test mode BYD Hydropower Company, involved in the electrical business platform to "price limits" monopoly situation in how to divide the answer very urgent.
"BYD is currently sold by the electricity supplier channels has reached 26,000, sales in the electronic business platform really really great deals to consumers, even we can take a special vehicle to do this promotion, this time also involve price restrictions. "
"We recommend that the electricity supplier's sales model will be singled out in the price limits, as the case can be exempted because the car companies in the electronic business platform, tend to set up an attractive promotional price. In view of the national electricity supplier platform nature, users in various places on the Internet after the next single, it means the product automobile companies reached a sales agreement. each local dealer orders only vehicle business through the transfer, to help car companies complete the sale. "Shanghai VW representative said.
In the opinion on behalf of Audi, "A lot of carriers in the electronic business platform of its price is far lower than the cost price, including their (website) do some services are behind the venture is doing to support the price much lower than the 4S shop a lot. Such electricity supplier not only for OEMs, 4S shop, parts supplier has hurt. "
刁建申 Automobile Dealers Association vice president believes that it is necessary to limit the minimum sales price against the problem, while dumping problems also exist. Even electricity supplier as a new model, but in a fair competitive market environment, should be equal.
In this regard, the anti-monopoly Bureau of the NDRC official response, the buy site, micro-channel platform and other emerging sales, although lower prices, but the cost should not be the 4S shop to buy the site to measure the cost of sales. "The cost here is to distinguish between needs after detailed consideration and decision. In case there is a legitimate reason to sell below cost, the law does not prohibit, but if not justified, especially in the low-priced sales practices to exclude competitors purpose, you can report it to the government. "
"Export" and "foreign mining" of
Where is the red line?
In the exclusive supply of spare parts and car dealers in the original parts and homogeneous parts procurement, "the right to freedom," the two issues, the auto companies, parts suppliers and distributors is also disagree.
Geely representatives that the issue of exclusive supply parts to take into account the free flow and the protection of intellectual balance between the car companies. "Spare parts enterprises early development, including mold and a series of cost automobile companies are spending in advance or afterwards amortization. This situation is actually a delegate relationship for processing. Therefore, in this relationship, spare parts enterprises in accordance with the requirements of automobile companies to produce automobile companies LOGO use of spare parts, but would like an independent market outside the direct delivery vehicle business, which is a clear need for vehicle licensing business. "
Shanghai Volkswagen representatives also believe that on this issue, automobile companies for certain restrictions parts enterprises should be exempted.
However, parts suppliers do not think so. "As a supplier of spare parts, car companies accounted for 90% of our share of the business, but also because of this, sometimes in signing contracts, automobile companies will be a strong set of some of our less favorable terms. As requested we do not have any conditions resell the product to a third party to give up. "In the opinion on behalf of Honeywell, spare parts companies are willing to protect intellectual property rights OEMs. But in business, parts manufacturers share some core intellectual property rights, the most critical. "We work with OEMs supporting nothing more than some of the relevant interface, size, shape, supporting the structure. So to limit our automobile companies to sell to third parties and unreasonable demands."
For dealers outside the mining homogeneous parts, there are many problems to be questionable. "Geely since last year has allowed foreign mining auto parts, but in practice, such as floor mats, cushions, navigation substandard mining accessories, dealer or finally Geely brand (refer to non-original but printed with Geely LOGO accessories). This situation hurt the automobile companies, but also for a consumer deception. "preceding Geely representative said.
Shanghai General on behalf of the proposal, "can be taken 4S shop fitting establish appropriate systems require entry system outside the mining and reporting. Consumers can learn real home accessories, we also from the perspective of a third party to manage."
In this regard, Su Hua response from operators as equal parts of some type of standard quality after-sales service, OEMs can be managed, but not control. As for the controversial parts production, sales model, Su Hua admitted that "from manufacturers, suppliers, authorized distributor in the end select or open distribution, or other modes, is commercial free. But in these modes which specific actions will touch "anti-monopoly law," the red line, the upcoming 'guide' is expected to give relatively detailed guidance. "

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