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On the morning of September 10, people from Dongfeng Nissan related departments kept in front of the computer and waited for the "judgment" of the Guangdong Provincial Development and Reform Commission. Finally, at 10 o'clock, the Guangdong Provincial Development and Reform Commission announced on its official website the penalty decision for the Dongfeng Nissan anti-monopoly investigation - a fine of 123.3 million yuan.
"As early as last August, the Anti-Monopoly Investigation Team of the Guangdong Provincial Development and Reform Commission has already conducted a survey in Dongfeng Nissan. During this period, the final treatment measures have been changing until the final decision is made." Dongfeng Nissan is accepting "China" The reporter of the Business News said in an interview.
According to the information released by the Guangdong Provincial Development and Reform Commission on its official website, in addition to penalties for Dongfeng Nissan Automobile Sales Co., Ltd., it will also impose a fine of 19.12 million yuan on its 17 dealers in Guangzhou. This is the first time that anti-monopoly penalties have been imposed on popular brands and their channel terminals after the relevant state departments have issued anti-monopoly penalties for luxury brands such as Mercedes-Benz and BMW.
In fact, the relevant parts of the country have already conducted a round of anti-monopoly investigations on luxury car brands and made corresponding penalties. Some analysts believe that the imposing of Dongfeng Nissan as a popular automobile brand means that the anti-monopoly investigation in the auto industry has not come to an end, but is continuing to advance to a deeper level.
Sword refers to the price of the Guangdong Provincial Development and Reform Commission on the punishment of Dongfeng Nissan, some insiders interpret that this round of anti-monopoly storm in the automotive industry will fall on the popular car brand.
According to the investigation by the Guangdong Provincial Development and Reform Commission, Dongfeng Nissan has previously controlled the terminal market price by means of issuing price management methods. The regional distributors in Guangzhou have reached the negotiated price of relevant models through the meeting mode, which is a horizontal monopoly. In view of the above acts, according to the provisions of Articles 46 and 49 of the Anti-Monopoly Law, the Guangdong Provincial Development and Reform Commission decided to impose a fine of 3% on the sales of the relevant market in the previous year of Dongfeng Nissan, accounting for 123.3 million yuan; The dealers imposed a fine of 2% to 4% on the relevant market sales in the previous year, accounting for 19.12 million yuan.
Prior to this, from August 2014 to May 2015, there were four car manufacturers, dealers and 12 Japanese companies including Sumitomo, Denso, and other Japanese automakers, including Audi, Chrysler and Mercedes. Auto parts companies have been punished by anti-monopoly law enforcement agencies.
"For car companies, the anti-monopoly investigation and punishment is a loss, which not only includes fines, but also has a certain impact on the brand itself. However, for the subsequent development of car enterprises and the standardized operation of terminal channels, it is an improvement. The in-depth investigation of automobile anti-monopoly investigation is also conducive to the standardized development of the domestic automobile market." A senior executive who had previously encountered anti-monopoly penalties said in an interview.
After receiving the result of the punishment, Dongfeng Nissan responded at the first time and issued a statement saying that it "sincerely accepts the administrative punishment of the Guangdong Provincial Development and Reform Commission" and immediately implements it as fully as possible. The distributors of Dongfeng Nissan Guangzhou also stopped the price negotiation and abolished the price agreement. The result of the current punishment does not mean that the anti-monopoly investigation against Dongfeng Nissan will be completely over. Dongfeng Nissan is still worried about whether it will still face anti-monopoly penalties in other regional markets.
In fact, while the Guangdong Provincial Development and Reform Commission announced the results of the Dongfeng Nissan penalties, it also mentioned that it will continue to pay attention to the automobile sales in Guangdong, maintain a fair market competition order, and protect consumer interests. There is further news that the relevant state departments will also conduct a new round of anti-monopoly investigations for vehicle manufacturers and auto parts companies.
Policy advancement There is no doubt that the “net†of the anti-monopoly investigation in the automobile industry is being “spreaded†step by step. However, compared with the public opinion concerns caused by the previous round of anti-monopoly investigations, the “reaction†of domestic automakers has begun to become dull for this round of anti-monopoly penalties. What everyone is more concerned about is how to avoid hitting the "red line" of anti-monopoly.
Under this circumstance, the draft "Automotive Antitrust Guidelines" (hereinafter referred to as the "Guide") drafted by the National Development and Reform Commission will be completed within the year, and no accident will land next year. The purpose of the "Guide" is to clarify the boundaries of the monopoly of the automotive industry.
"These anti-monopoly cases have some common problems. One aspect involves horizontal agreements. There are conspiracy between sellers, especially price conspiracy. The second aspect is vertical agreements. Many of these cases occur. The car supplier or manufacturer has a minimum price limit for its retailer, or has a fixed price issue, or has a minimum price limit for its spare parts, or a fixed price issue." Wang Xiaoyu, a member of the expert advisory group, said recently.
However, car companies and dealers do not seem to be very clear about where the problem lies. “In the past, everyone used the 4S store sales model to sell cars in accordance with the domestic automobile brand sales management method. The manufacturers only set the sales guide price, and the terminal market still has a certain price autonomy. It seems that there is no problem.†The high-level joint venture car company told reporters.
For this reason, at the second drafting meeting of the “Automotive Antitrust Guidelines†held in August this year, mainstream car companies including Mercedes-Benz, BMW and Audi, which have been punished, still do not know which sales behavior will constitute a price monopoly. . "Because there are many problems in our auto industry, the National Development and Reform Commission began to prepare a "Guide" in June this year to help automakers and auto dealers understand what kind of problems may violate the Anti-Monopoly Law. "Wang Xiaotong said.
Some analysts believe that the current anti-monopoly legal system of the state only stipulates price-related behaviors in terms of vertical restrictions. However, due to the complexity of the domestic automobile sales model, factors such as geographical location and market segmentation are also included in the automobile sales process. It also generates monopolistic behavior. These issues require new policies and legal systems to be further improved.
It is understood that the forthcoming "Guide" may clarify whether there is any conspiracy between the OEM and the same product seller, and whether it violates the relevant provisions of Article 13 of the Anti-Monopoly Law. In addition, the "Guide" will clarify whether the auto supplier has any restrictions on the sales price and sales territory of the sellers and wholesalers, and whether it involves vertical monopoly.
This also means that in the context of deepening market-oriented reforms, the auto industry antitrust investigation will continue. As market mechanisms play a decisive role in resource allocation, antitrust investigations will become a norm. With the end of this round of anti-monopoly investigations by Dongfeng Nissan and the opening of a new round of anti-monopoly investigations involving auto parts companies, the anti-monopoly of the domestic auto industry began to enter the "deep water area."