Following the anti-monopoly penalty imposed on many parts companies in Japan, Hankook Tire, a Korean-based company, was unable to escape due to a monopoly agreement with the distributor. Yesterday, the National Development and Reform Commission announced that Hankook Tire was heavily penalized by the Shanghai Municipal Price Bureau.
Industry sources said that anti-monopoly in the automotive industry has always been the focus of attention of all sectors of society. With the recent introduction of the Anti-Monopoly Guideline (Draft for Solicitation) concerning the automobile industry, anti-monopoly will become the norm in the future.
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In response to the investigation of Hankook Tire, Zhao Chenxi, a spokesperson for the National Development and Reform Commission, stated that anti-monopoly law enforcement is a normal work to strengthen post-mortem supervision of market behavior. According to the investigation, during the period from 2012 to 2013, Shanghai Hantai Tire Sales Co., Ltd. (hereinafter referred to as "Hankook Tire") reached and implemented with the relevant distributors in the process of selling truck , passenger car tires and passenger car tires. The monopoly agreement on the lowest price for people reselling goods violates the provisions of Article 14 of the Anti-Monopoly Law, which eliminates or restricts market price competition, disrupts the normal market competition order, and damages other operators and consumers. The legitimate rights and interests.
In response, the Shanghai Price Bureau, pursuant to Article 41 of the "Anti-Monopoly Law," stipulated that Hankook Tire shall immediately stop the illegal act and impose a 1% fine on relevant market sales in the previous year for a total of 2,175,200 yuan. .
In fact, there are not many companies that have been heavily penalized in the auto industry because of price monopoly. As early as August 20, 2014, the National Development and Reform Commission announced that it punished 83,196 million yuan in accordance with the price monopoly of Japan's Sumitomo and other 8 parts and components companies, and punished 40,344 million yuan in fines for price monopolization of 4 bearing companies such as Seiko Japan, resulting in a total fine of 12.354 yuan. 100 million yuan. This is the biggest penalty for the automotive industry since the implementation of the "Anti-Monopoly Law." In addition, Mercedes-Benz, Audi, Chrysler and other luxury car companies are also punished for alleged monopoly behavior.
Guidelines expressly define monopolistic behavior
In response to the result of the punishment of Hankook Tire, the Shanghai Price Bureau stated that during the period from 2012 to 2013, Hankook Tire signed a minimum resale price clause with dealers in Shanghai during the sale of passenger car tires and passenger car tires. "Special Distribution Contracts" and "Market Stabilization Management Contracts" are punitive measures to terminate contracts or deduct market-regulated margins as a violation of the minimum resale price clause. In actual operations, in order to ensure that dealers perform the minimum resale price stipulated in the contract, Hankook Tire has charged some distributors with a market-standard margin, established a guide price list containing the lowest wholesale price, and an official market letter, requiring that dealers do not Sell ​​the product below the guide price.
Such measures are known in the industry as “vertical price monopolies,†and Article 14 of the “Anti-Monopoly Law†in China explicitly prohibits the fixed resale price and the limited minimum resale price that limit the effect of competition, and points out that the vertical price limit The negative effects mainly include maintaining high prices, promoting horizontal and vertical complicity, weakening inter-brand competition and intra-brand competition, and excluding competitors.
An industry expert believes that vertical agreements hurt the fundamental interests of consumers. She gave an example: "For example, I am a manufacturer of Hankook Tire. The ex-works price of a Hankook Tire is 1,000 yuan. I now give sellers a minimum price of 2,000 pieces for selling a Hankook Tire, which means sales. Businesses can earn 1,000 yuan per tire, and the profit margin is very large, but if there is no such restriction, then because of the competition among the sellers, consumers may get a cheaper product, now because of the implementation of such an agreement. It is obviously unfavorable to consumers."
Vertical price limit into anti-monopoly focus
Industry insiders said that China's auto anti-monopoly is entering deep-water areas, and the future trend is normalization and is in line with international standards. Most auto dealers are in a passive state in anti-monopoly cases. After the “Guide†is issued, auto companies should re-examine the compliance and legitimacy of their own market behavior. At the same time, the high-pressure policies for dealers will also be improved in the future. The vertical monopoly of the auto industry and abuse of market dominance will be eased.
Automobile industry analyst Jia Xinguang believes that vertical monopoly features are obvious and that auto suppliers have full control of the distribution network. This relationship between auto suppliers and 4S stores actually has the characteristics of vertical monopoly behavior.
It is reported that at present, many kinds of restrictions imposed by auto manufacturers on distributors are precisely due to the fact that the current "Implementation Measures for Automobile Brand Sales Management" has intensified the control of auto manufacturers on dealers. The introduction of the Guide can better balance the relationship between manufacturers and enable distributors to conduct marketing more freely. Cui Dongshu, deputy secretary-general of the National Passenger Vehicle Market Information Association, believes that from the current point of view, the manufacturer’s limit on dealer vehicle or spare parts is a common problem in the industry. For the anti-monopoly, the fairness of the guarantee rules is the focus. . How to enforce the law fairly and treat all companies in the industry equally is the key point in the future implementation of the Anti-Monopoly Law.
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