·Chinese auto anti-monopoly? See how Europe "plays tigers"

On the morning of August 6th, at the press conference held by the National Development and Reform Commission, Secretary-General Li Pumin disclosed the progress of the NDRC's anti-monopoly investigation on foreign-owned car enterprises, spare parts manufacturers and distributors (at the end of the article, the reporter asked the original words):
In addition to Chrysler, Audi, and 12 Japanese auto parts and bearing companies will also be punished for price monopoly. And "Mercedes is a monopolistic behavior, and is currently investigating forensics."
In the face of the media's screaming "hit", I believe everyone would like to see the successful experience of Europe. The following small series will compare how China and Europe respectively oppose auto monopoly.
Origin of the case EU:
In the 1990s, the Volkswagen Group already had the first share of the EU motor vehicle market. Volkswagen's approach in the EU market is the same as in the Chinese market, through its selected and authorized distribution network for car sales. In Italy, Volkswagen sells through its subsidiary Autogerma SpA.
In 1992, due to the internal crisis of the EU currency system, the Italian lira depreciated 39% against the German mark, and the corresponding foreign customers buying a car in Italy would be much cheaper than Germany or Austria. Therefore, many customers choose to buy a car in Italy and then re-import it back to Germany.
Volkswagen responded quickly by punishing dealers who re-exported their cars to Germany or Austria. After receiving consumer complaints in 1995, the European Commission launched a four-year investigation into the Volkswagen Group.
China:
In recent years, the Chinese government has strengthened its supervision of market pricing behavior in accordance with the anti-monopoly law introduced in 2008. The investigation initiated by the National Development and Reform Commission is the latest sign of anti-monopoly heating. The relevant departments have targeted a series of foreign brands ranging from pharmaceutical manufacturers to infant formula manufacturers, and some companies have issued huge fines.
With the muzzle of the monopoly "tiger" turning to the automotive field, major media have accused foreign luxury car manufacturers of monopolizing the Chinese market, deliberately raising prices and controlling the sales of spare parts, and profiting from it.
According to Li Pumin’s explanation, as early as the end of 2011, “we conducted extensive consultations with relevant enterprises, industry associations, experts and lawyers on some auto-vehicle, spare parts manufacturers and dealers who seriously violated the anti-monopoly law. Investigate and deal with it according to the law."
In early April, China Insurance Industry Association and China Automobile Maintenance Association jointly disclosed the “zero ratio of complete vehicle parts” and “zero ratio of 50 vulnerable parts” for 18 common models. The Beijing Benz C-Class has a maximum of 1273% of zero. The whole ratio is astounding.
After this, people finally saw the substantive actions of the NDRC. Beginning in June, the relevant personnel of the National Development and Reform Commission conducted an interview with the heads of Mercedes-Benz, BMW, Audi and Jaguar Land Rover, based on the media's recent complaints about prices.
After brewing for a long time, we saw the "heavy attack" of the relevant departments.
However, there is a deeper reason behind the "automotive anti-monopoly", Rong Xiaobian sells a customs, and will say it next time.
Case investigation EU:
Generally speaking, during the investigation, the European Commission will first issue a questionnaire to relevant users to know whether the company under review has violated the EU Competition Law.
Next, the EU anti-monopoly officials will conduct surprise inspections of suspected companies accompanied by anti-monopoly officials of the relevant countries, and in China, the industrial and commercial law enforcement personnel will cooperate.
The EU has always stressed that the anti-monopoly department's surprise inspection does not prejudge the results of the investigation, nor does it prematurely determine that the company under investigation has a monopolistic behavior.
However, in October 1995, the European Union Anti-Monopoly Committee on the Volkswagen Group Wolfsburg headquarters, Audi Group Ingostatt headquarters, Volkswagen and Audi brand Italian official import agent Autogerma headquarters in Verona, and North In the search conducted by some Volkswagen and Audi dealers in Italy, it is still huge.
The documents obtained during the search provided clear evidence that the Volkswagen Group, the Audi Group and its Italian distributor Autogerma, violated the EU competition regulations.
At around 10:00 on August 4, 2014, nine NDRC staff members went to the Mercedes-Benz Shanghai office at 989 Huqingping Road without an appointment. This is also the authorized dealer of Mercedes-Benz - Lixingxing in East China The investment institution - the location of the East Star Bank.
After “breaking through” the slight blockade of security personnel, the NDRC staff went directly into the Mercedes-Benz office.
On the same day, all the top management of the factory were “just right”, so every staff member including the general manager, sales and after-sales director of Beijing Mercedes-Benz Sales and Service Co., Ltd. was asked. The work computer was also forcibly checked, and interviews and investigations continued for one day.
This seemingly "dramatic" investigation process is actually part of China's anti-monopoly law enforcement and the EU's "integration". As early as 2009, relevant departments and associations have organized delegations to Europe to "learn".
Violation of the EU In 1998, the EU announced the nine major violations of Volkswagen:
1. About 50 authorized dealers are threatened by brand manufacturers to cancel their authorization if they have sold cars to foreign customers. In fact, the authorization of 12 Italian dealers has been terminated because it was found to sell cars to foreign customers.
2. Authorized dealers who sell outside the designated sales area of ​​the manufacturer, the gross profit and rebate rewards are systematically reduced.
3. The number of delivery of the manufacturer to the Italian market has been lowered. In 1995 alone, the Audi Group refused to supply its Italian import agent, Autogerma, with approximately 8,000 vehicles originally ordered by dealers.
4. Autogerma has a behavior to regulate Italian dealers and gives clear warnings to dealers who sell to non-Italian customers. At the same time, Autogerma also checks the dealer's list of foreign customers.
5, Volkswagen and Audi recommend their Italian dealers, do not tell their foreign customers the real reason for refusing to sell, but to mention more about the different configurations and the difficulty of cross-border warranty, to persuade customers not to buy across the country.
6. The document clearly shows that Volkswagen and Audi are fully aware of the illegality of these acts.
7. In a handwritten memo in July 1995, the public suggested that, based on “political reasons,” Autogerma should give in to a “real customer authorized agent” to avoid the EU “BlockExemption Regulation”.
8. Volkswagen and Audi will transfer the chassis number registered in Germany and Austria to the Italian distributor Autogerma, in order for Autogerma to confirm the Italian authorized dealers who sell the vehicles to German and Austrian customers.
9. Volkswagen and Audi also require dealers to provide invoices and sales contracts, otherwise they will refuse to issue vehicle confirmation certificates. In this way, Volkswagen and Audi can confirm the initial location of the vehicle and the destination of the sale.
China has not yet announced the specific legal terms and details violated by relevant companies. According to reports, the determination of whether there is a monopoly on imported automakers mainly depends on two aspects: (whether) the price of the whole vehicle and the price and maintenance price of spare parts for the 4S shop.
Final Judgment EU The European Commission ruled that the Volkswagen Group violated the EU competition regulations and imposed penalties on the 102 million EU currency unit ECU (about 90 million euros, the EU currency unit ECU is the predecessor of Euro Euro).
At the same time, the Volkswagen Group was ordered to pay a fine in three months, and to stop the above non-compliance in two months to meet the requirements of the committee.
The European Commission said it would not tolerate similar violations, and it would certainly take the same punitive measures against other manufacturers to split the market.
The Commission's ruling requires Volkswagen/Audi to cancel restrictions or prohibit the sale of new vehicles to end customers, authorized dealers and authorized dealers of EU member states outside of Italy in contracts with Italian distributors.
The European Commission has emphasized that, based on this ruling, consumers should file a lawsuit or file a lawsuit with their own competition authorities and domestic courts in the first instance of similar infringement. These competition authorities and courts will measure and make decisions based on the competition rules of the European Commission.
China currently has no anti-monopoly precedents in the automotive sector. However, with reference to the huge 6.7 billion yuan fines issued by the National Development and Reform Commission to the six milk powder companies such as Mead Johnson and Heshengyuan in July last year, many media predict that this will appear for the automotive industry. China's anti-monopoly is a bigger ticket.
Regulatory changes EU:
Driven by the heavy penalty of Volkswagen's case, in 2002, the European Commission issued the EU regulations on anti-vertical monopoly in the motor vehicle sector, which created a promotion for the protection of consumer rights and interests for the EU's new car and spare parts sales. The legal framework for sound competition in the automotive industry.
A brief introduction to this regulation, first of all in terms of new car sales, the regulations emphasize the following principles:
1. When selecting a dealer, the brand manufacturer should choose one of the selective or exclusive distribution networks and cannot mix it.
2. Promote competition from dealers of the same brand in different countries. Distributors in selective networks may not be prohibited from setting up sales outlets in other EU countries and regions.
3. The dealer does not have to provide the sales and after-sales business obligations at the same time. It can only be sold, and the maintenance service can be outsourced to other authorized maintenance companies belonging to the authorized maintenance network.
4. A dealer can sell multiple brands at the same time, but the brand manufacturers have the right to require different brands of motor vehicles to be displayed in different areas of the same exhibition hall.
5. Dealers can sell the same vehicle with different configurations in their contracted sales area. For example, UK and Ireland consumers driving on the right rudder can order the right rudder driving vehicle at the European dealer who drives the left rudder.
6. Support customer authorized agents and other car dealers to purchase cars on behalf of customers.
7. Strengthen the dealer's brand by allowing multi-brand sales, strengthening the protection of dealership licenses (recommended dealers for at least 5 years, etc.), and allowing dealers to sell their business to other dealers of the same brand. Independence in the relationship of manufacturers.
In terms of motor vehicle repair and maintenance, the regulations emphasize the following principles:
1. Allow brand manufacturers to set standards to select authorized repairers without violating EU competition regulations.
2. After the brand manufacturer sets up the standard for selecting the authorized service provider, all service operators that meet the standard can join the maintenance service network of the brand manufacturer.
3. Improve the ability of authorized repair service providers to obtain competitive parts other than spare parts provided by motor vehicle manufacturers. 4. Protect and improve the competitiveness of independent and unauthorized service providers, and improve the training and maintenance of independent and unauthorized service providers. The ability of the tool.
China:
China is still following the "Implementation Measures for the Management of Automobile Brand Sales" (referred to as the "Measures") implemented in 2005. At present, it has aggravated the unequal status between auto manufacturers and dealers, and it is also in conflict with the Anti-Monopoly Law. Suffering from rickets.
It is this "Measures" that gives imported car companies the right to build their own sales channels and authorized operations, so that auto manufacturers can obtain a "monopoly" status in product sales and channels, making Chinese car owners passively consuming high-priced cars and expensive ones. After-sales maintenance service.
The three major government departments jointly issued by the "Measures" - the Ministry of Commerce, the National Development and Reform Commission, and the State Administration for Industry and Commerce, are precisely the three law enforcement agencies endorsed by the Anti-Monopoly Law implemented in 2008, which makes the three major law enforcement agencies Difficult.
Since the promulgation of the Anti-Monopoly Law, the call for revision or even cancellation of the Measures has continued. On August 1, the General Administration of Industry and Commerce issued the "Announcement on Stopping the Implementation of the Recording Work of Automobile Distributors and Authorized Dealers of Automobile Brands", which was regarded as a signal to break the monopoly of automakers.

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