give guidance to reading
The "guide" itself is composed of the state Anti Monopoly Committee in accordance with the legislative plan issued to the national development and Reform Commission, led by the NDRC Price Supervision Bureau, the joint Ministry of communications, Ministry of Commerce, intellectual property bureau and other departments in charge of industry jointly on behalf of the drafting, after the completion of the draft to be handed over to the Anti Monopoly Committee of the state council.
The reporter intern reporter Guo Xinwei to single
After June 12th this year, the preparatory work for the first time in August 7th and October 9th, the NDRC price supervision bureau held second automotive industry antitrust guidelines drafting will.
"No accident, at the end of this month" automobile antitrust guidelines "draft will come out." NDRC price supervision bureau director Xu Xinyu made it clear that day.
It is worth noting that the "guide" is itself by the Anti Monopoly Committee of the State Council in accordance with the legislative plan issued to the national development and Reform Commission, the NDRC Price Supervision Bureau led the drafting, combined with the Ministry of Commerce and the State Administration for Industry and commerce, the Ministry of transportation and other departments in charge of industry will complete after the completion of the draft, to be handed over to the Anti Monopoly Committee of the State Council, and issued by the State Council the anti monopoly committee.
It is understood that the "automobile antitrust guidelines" (hereinafter referred to as the "guide") Bill will be drafted at the end of the month, then held a hearing to discuss, not surprisingly, June next year will be submitted to the Anti Monopoly Committee of the state council.
Undoubtedly, with the "guide" of the draft, the automotive industry antitrust investigation started from four years ago to begin on the periphery of Chrysler, Audi, Mercedes Benz, Nissan and part of the Japanese auto parts enterprises to open a ticket last year, is moving towards more standardized and institutionalized direction.
In order to ensure a comprehensive and fair comment, October 9th delegates covering Mercedes Benz, BMW, Jaguar Land Rover, Geely, Audi, Shanghai Volkswagen, TOYOTA and other 14 automobile companies; BOSCH, universal 5 parts companies such as China, LSHM, large machine; 6 dealer representatives; and 13 a law firm on behalf of Jin Du etc..
In addition, the meeting also includes Anti-monopoly Bureau of the Ministry of Commerce, the State Administration for Industry and commerce competition law enforcement bureau, Transportation Services Department of the Ministry of transportation and China Automobile Industry Association, China Automobile Dealers Association, Federation of chamber of Commerce and vehicle maintenance Chinese dealers, association and other government and representatives of the association.
Prior to September 15th, the NDRC issued second questionnaires to the number of enterprises and institutions, is the core content of exemptions and exemption period.Based on the questionnaire were enumerated in the "anti-monopoly law" article fifteenth claim exemption of vertical price restraint in the specific circumstances may include the following six types: the promotion of new models; the old model period of Qing Dynasty; show promotions and promotions; longitudinal joint bidding in government procurement price limit; OEM and third specific or specific customer terminal (such as vehicle factory employees, customers, advertising and sponsorship objects) directly negotiated sales price, only by the dealer to complete the transaction (including vehicle sales, parts and accessories and spare parts); finally by the OEMs to bear the cost of warranty and service price recall.
The exemption is the manufacturer to control the price in special circumstances, can be exempted from punishment. For example, the new models in the promotion period, vertical price restraint induced by dealers trying to sell products, to expand the demand for new models, new models to promote the successful listing of the old models; period of Qing Dynasty, the vertical price short-term collaborative activities in the price limit is likely to have business need, therefore can get immunity.
How many weeks long but should at least ensure that the exemption period how long, new models of the promotion period? The old models of Qing Dynasty at least how many weeks long collaborative activities should be the price library period? In addition, nearly double eleven, price management vehicle enterprises to implement electricity supplier in the automotive field, is also within the scope of exemption? A series of core issues become the focus of discussion in the meeting on 9.
The exemption period will not be across the board
The vehicle enterprises generally believe that the new car price limit immunity promotion period is necessary, exemption cycle is recommended for six months. "A new type of long development cycle, the life cycle co.. A model of the gold period is one or two years ago, car prices to effectively recover upfront investment in this one or two years, want to keep prices relatively stable, excessive prices will be greatly reduced in the consumer's reputation." In October 9th, Benz senior executive vice president Li Hongpeng at the meeting point of view has certain representativeness.
Representatives from the Shanghai public further said that a new type listed contains a new conference, production plan, formulate sales plan and order wholesale and logistics transportation process, taking into account the Chinese wide region, dealers across the country and many other factors, at least 4 of the exemption period to 6 months.
Relatively speaking, the luxury brand new car for the promotion of the exemption period is generally higher expectations, Mercedes Benz, Porsche wanted 1 years or at least not less than half of the exemption period, imports, joint ventures and other independent brand suggestions from 3 months to 6 months.
The new car is basically the same with the exemption period of promotion, hope and car prices, the old models on clearance immunity period to 6 months. In addition, Shanghai Volkswagen representative in particular, customer service service field has the same promotion of new products and old product clearance, so in the car outside of the promotion period, also increase the fittings and accessories, promotion of new and old products during the period of Qing Dynasty set, recommended period is 4 to 6 months.
However, unlike the vehicle enterprise angle and position, and dealers association will not want to "guide" will expand the exemption period, recommended period not longer than 3 months or even canceled, it is not necessary to protect the period of Qing dynasty.
The National Federation of chamber of Commerce Secretary General Zhu Kongyuan said the car dealer, currently 40% of the dealers nearly three years of sustained losses. In this system, manufacturers can take Yaku, tying, production and other ways to safeguard their own interests, the dealer is forced to appear the price upside down. "Whether a model of competitive pricing, comprehensive depends on many factors such as pricing, promotion and marketing, the price should be handed over to the market to choose not to engage in the promotion of exemption."
Dealer representative Country car The sources said, the old models of the library of Qing Dynasty, in strict application conditions, for example, because of the economic downturn and a serious decline in vehicle sales overcapacity in general, old models should not clear provisions of the exemption period.
In fact, because commodity positioning is different provisions of the "guide" the draft may not fits a specific exemption period of time. Development and Reform Commission antitrust guidelines for drafting working group of experts Su Hua said, "guide" the draft may be cited, enterprises according to their own situation to assess and evaluate their behavior with legal responsibility. "As mentioned in the guidelines for the promotion of the short-term behavior of the combined, 2 to 6 week limit may be necessary," guide "to illustrate the expression of the will." Su Hua stressed.
Electric cars can be exempt?
The vigorous development of the automobile electricity supplier in recent years, with the widespread concern of enterprises meeting supplier by sales can be seen between the OEM and third particular people or a specific user price agreement is included in the exemption.
Shanghai Volkswagen relevant responsible person believes that the business model is through the network platform by the vehicle factory directly with the national users reach the price intention, dealers only help OEMs to complete the transaction, and therefore the fifth "special third" exemptions in similar proposals will be singled out as the pattern of electricity sales price to enjoy limited immunity a.
In addition, the specific form of electricity supplier in addition to new cars, spare parts, accessories and maintenance services package also includes business platform for vehicle, and vehicle business underwriting to third parties by the third party billing behavior etc.. Therefore, the car enterprises want to "guide" will be explicitly included in the case of electricity sales.
Shanghai general representative mentioned for the upcoming "double eleven", the GM brand may do promotional activities on the lynx, is a specific form of models from the official flagship store launched a double eleven prices, customers across the country took off, and then by the local dealer to be responsible in accordance with the the price of car.For such activities, car prices generally involves vertical price restraint concerns.
In this regard, the NDRC official said, for the electricity supplier sales model, first determine the price negotiation is occurring between manufacturers and consumers or dealers and consumers need. If it is between manufacturers and consumers directly to reach an agreement on the price, and then assisted by the dealer to complete the transaction, whether through electronic business platform or a double promotion or thanksgiving package form, "guide" will be considered, and has been on issues related to research.
However, another case is the firms to engage in an activity, but by the dealer to price negotiation with consumers, manufacturers in this case may not set a minimum price to the dealer, limiting competition among distributors.
In addition, the Audi official suggested that the current electricity supplier channels in addition to the official website of car prices, consumers tend to obtain price information through the media, group purchase website vertical car. Because the wind behind to support, these sites are often the price lower than the cost sales and related services, "guide" needs to be specified in the.
In this regard, the NDRC experts responded that, for these types of sites need to evaluate the website operator sales costs incurred, if without justifiable reasons less than their cost to sell products, especially to exclude competitors for the purpose of low price sale, car prices in response to the government.
The pricing behavior of the automobile electricity supplier can ultimately be exempted according to the relevant provisions of the "anti-monopoly law", the working group will guide the drafting of the type of analysis on electricity pricing promotion behavior, is currently studying whether to learn from the Japanese automotive industry antitrust experience, in the distinction between the real agent and distributor sales, further distinguish only to act as a middleman role the dealer and the full sense of the dealer.
"The" guide "of different types of behavior performance and conditions for operators to be refined, its pricing behavior is in accordance with the statutory conditions of exemption for self assessment and the burden of proof." Su Hua finally said.