· The new version of "Automobile Brand Management Measures" or the end of the strong position of manufacturers

Last week, the National Development and Reform Commission disclosed the progress of anti-monopoly investigations on luxury brand cars. It has already verified the monopolistic behavior of Audi and Chrysler, and interviewed 11 Audi dealers in Hubei province. A general manager of an Audi 4S store in Wuhan confirmed to the "Securities Daily" reporter that the NDRC directly notified them to come to Beijing for an interview. The employees of the company who arrived in Beijing arrived in Beijing on August 7 and have not returned yet.
At the same time, the head of a dealer group of Mercedes-Benz told reporters that the Shanghai Development and Reform Commission had previously searched the regional dealers, and obtained the accounts to verify the sales price of the whole vehicle and the price of spare parts, confirming that some dealers have monopolistic behavior. There will be a back-to-back Mercedes-Benz Shanghai office to retrieve the manufacturer's accounts and information, and compare business policies.
People close to the National Development and Reform Commission told reporters that the NDRC’s round of auto antitrust investigations began in the past year. Through this round of investigations and punishments, a number of car companies that abused market dominance were shocked. As expected by the National Development and Reform Commission, under the anti-monopoly, eight car companies including Jaguar Land Rover, Audi and BMW have responded by choosing to reduce the price of spare parts or lower the price of the whole vehicle.
"Anti-monopoly investigation is a palliative treatment. Next, the National Development and Reform Commission and other ministries and commissions will discuss and issue a revised version of the "Automobile Brand Sales Management Implementation Measures" (hereinafter referred to as the "Measures"), and finally achieve "conspiracy and treatment," the person disclosed.
The reporter asked the people close to the Ministry of Commerce for proof. He confirmed that the "Measures" will not be abolished, the existing brand authorization methods will still exist, but the revised version will be based on the current market conditions, adding terms to balance the relationship between manufacturers and dealers, to avoid the emergence of a single situation, The ultimate consumer will also benefit.
The anti-monopoly investigation knocked on the mountain and shocked the tiger. The 8 car companies lowered the price. Monopoly refers to enterprises blocking the normal market competition through certain means, disrupting the economic order and damaging the interests of others.
July is a “wind and roll” for auto companies. First, the National Development and Reform Commission's price supervision and inspection and anti-monopoly bureau conducted an anti-monopoly investigation on the domestic automobile industry, and interviewed a number of relevant automobile companies.
On July 25th, Jaguar Land Rover China took the lead in responding to the anti-monopoly investigation and announced that it will cut the price of its three models from August 1st. Then FAW Audi announced that it will reduce the price of original spare parts for domestic models from August 1. Since then, Chrysler has also announced the adjustment of the price of models and components. So far, eight companies including Mercedes-Benz, BMW, GAC Toyota (microblogging), Guangqi Honda and Dongfeng Nissan have announced the reduction of original parts prices or vehicle prices.
Among the 8 companies that responded to the anti-monopoly investigation, only Jaguar Land Rover and Chrysler involved the reduction of the overall vehicle price. Others announced that the price of original parts was lowered. It can be seen that this round of anti-monopoly investigation focuses on original parts. The reporter noticed that the price of BMW body parts was lowered by 45%, and the Audi transmission was cut by 38%. It can be seen how deep the original parts "water" is.
Undoubtedly, the break of anti-monopoly barriers will reshape the relationship of the entire automobile industry chain, and the high-margin “dark road” of multinational auto companies is expected to be cut off. The market participants of dealers, suppliers and other market players will increase their voices, and the market will embark on a more open and regulated track.
The National Development and Reform Commission collected the Mercedes-Benz monopoly evidence. On the morning of August 4, 9 staff members of the National Development and Reform Commission went directly to the Mercedes-Benz Shanghai office without an appointment. They were stopped by security personnel. The interview and investigation continued for one day. Many computers in the Mercedes-Benz Shanghai office continued. Was forcibly checked.
According to Li Pumin, a spokesperson for the National Development and Reform Commission, the investigation force mainly comes from the price and anti-monopoly departments of Shanghai and Jiangsu. The anti-monopoly branch of Jiangsu Provincial Price Bureau has conducted anti-monopoly investigations on Mercedes-Benz dealers in five cities including Suzhou, Wuxi and Danyang. . Whether Mercedes-Benz has a monopolistic behavior is currently in the process of investigating evidence.
"Securities Daily" reporter interviewed a person in charge of a large dealer group of Mercedes-Benz, the group has a number of Mercedes-Benz 4S stores in Jiangsu and Shanghai. The person in charge told the reporter that the Jiangsu Development and Reform Commission, the Industry and Commerce Bureau, and the taxation department had jointly traveled to their 4S stores. At that time, they transferred their books to verify the vehicle sales price and after-sales maintenance price. "Fortunately, we have several stores." Take a uniform price," said the person in charge.
“Our vehicle and spare parts prices are different for different users. Jiangsu and Shanghai users have different discounts, and there are differences in working hours for each store.” He revealed that manufacturers generally give dealers complete vehicle and spare parts guidance. Prices, some dealers often bite the price of spare parts, once the NDRC has verified that the business policy provided by Mercedes-Benz Shanghai Company is the same as that of the dealers, Mercedes-Benz may be punished.
Audi Hubei dealers will be severely punished and investigating that Mercedes-Benz monopoly is still unsatisfactory. Li Pumin revealed at a press conference held on August 6 that “the current Shanghai Development and Reform Commission’s investigation of Audi by Chrysler and Hubei Provincial Price Bureau, It is nearing completion. It has been found that the two companies do have monopolistic behavior and will be subject to corresponding penalties in the near future."
The two companies identified the existence of monopolistic behavior, including FAW Audi has convened 4S stores in Hubei Province to unify the price of spare parts and maintenance, and Chrysler has similar problems in Shanghai. It is understood that on August 7, eleven Audi dealers in Hubei Province collectively went to Beijing to accept the NDRC's interview with representatives of FAW-Volkswagen Audi.
The general manager of an Audi 4S store in Wuhan confirmed the above news to the reporter and said that the employees sent by the store are still in Beijing to accept the interview. However, this person did not disclose the details of the interview.
According to media quotes from insiders, the NDRC’s collective interview with Audi dealers is mainly to inform the final, according to a certain legal process, the final ticket will be issued within 12 days. The amount of punishment will be punished according to Audi's ratio of 1%-6% of sales in Hubei in 2013, and 11 dealers will also be punished according to the proportion of 1%-6% of sales in Hubei in 2013. As Audi's sales in Hubei are not small, the penalty will reach several hundred million yuan, and the penalty amount of the eleven dealers will reach tens of millions of yuan.
The reporter tried to contact the official FAW Audi official to understand the details. As of the publication of this newspaper, the relevant person in charge of FAW Audi still did not answer the call.
According to the reporter's understanding, the NDRC's anti-monopoly investigation is not limited to the whole vehicle price, but is also aimed at the after-sales market component supply channel monopoly and the car factory and 4S shop limited price regional sales, to eliminate “Situtal acts such as horizontal restrictions, vertical restrictions, and abuse of market dominance”. What kind of purpose does the NDRC want to achieve?
A person close to the National Development and Reform Commission told reporters that since China promulgated the "Anti-Monopoly Law" in 2008, the National Development and Reform Commission has been closely monitoring the monopolistic behavior of all walks of life, especially the monopolistic behavior formed by OEMs under the "Measures."
China implemented the "Measures" in 2005. With the implementation of the "Measures" and the promotion of the 4S model, there are widespread resale price restrictions, geographical restrictions, customer restrictions, tying, and exclusive after-sales original parts in the Chinese automobile dealership and after-sales market. Supply, exclusive purchase and other vertical restrictions on competition, resulting in excessive after-sales service and accessories.
"The Anti-Monopoly Law is a post-law and state law. The "Measures" are the former law and the regulations of the ministries. The "Measures" must follow the "Anti-Monopoly Law". Now the NDRC investigates and punishes automobile companies based on the "Anti-Monopoly Law". The first step, "The person disclosed that the "Measures" will not be abolished. After all, a regulation is required to regulate automobile business behavior, but the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry and Commerce will definitely discuss the revision of the "Measures."
In fact, the "Measures" did help to regulate the automobile dealership market in the early stage of implementation, changed the scattered state of automobile dealers, provided more rights and interests for consumers, enhanced the service awareness of dealers, and ensured after-sales service. However, with the wide range, depth, capacity and other factors of the Chinese automobile market and the development and changes of the distribution model, the “Measures” have been transformed from the promotion and regulation of the automobile distribution market into obstacles and containment.
The "Measures" have been criticized in recent years, and the call for revision or even abolition of the "Measures" is getting higher and higher. The most obvious problem of the "Measures" is to establish a strong position of the automobile supplier, resulting in an imbalance between the supplier and the dealer, which aggravates the contradiction between the automobile industry and the concept of sustainable development, and also harms the interests of consumers.
“The measures have been implemented for 10 years, and some of the provisions have not adapted to the current market changes,” a person close to the Ministry of Commerce also said that the “Measures” will be revised, and the direction of revision is to balance the relationship between dealers and OEMs. To change the status quo of the existing automakers, only the balance between the two can better protect the interests of consumers.
At present, the franchise of automobile products is the universal method of the world, and the possibility of change is not great. The revision of the "Measures" is more to redefine the interest relationship between OEMs and dealers. What is the purpose?
Take Europe and the United States as an example. Under the licensing or franchising model, the power comparison between OEMs and dealers can produce substantial changes. There is no rigid, unchanging car dealership model or so-called “international practices”.
â—† EU countries In the EU, the relationship between OEMs and dealers is regulated by laws such as commercial law, contract law, franchise law, and fair trade law. Since 1985, the EU has implemented competition rules specifically for the automotive sales and aftermarket, as a series of vertical agreement block exemption regulations. With the changes in the competitive situation of the automobile industry, the EU believes that there is no need to continue to apply the exclusive exemption regulations due to the increasingly fierce competition in new car sales. However, there are still many restrictions and distortions in the auto repair and parts supply market.
In May 2010, the European Commission issued a new "Regulations." According to the current EU competition rules applicable to new car sales and aftermarket, vertical agreements that can be directly exempted must not contain vertical core restrictions that are expressly prohibited. The application of the block exemption regulations also requires determining whether the market share of the parties to the agreement is 30%. Share safe harbor.
The EU's rules on competition law in the automotive industry are clear in purpose and complete in system. They have made a delicate and rational balance between the efficiency of vertical core restrictions and the effect of restricting competition, providing a sample for reference in China.
â—†United States In the United States, the law governing automobile manufacturer/dealer relationships is primarily embodied in federal and state car dealership franchise laws. Between the 1920s and 1930s, manufacturers represented by Ford and GM forced dealers to buy cars that they could not sell. In response to the manufacturer's exploitation of dealers and the call for protection of dealers, the United States enacted the Federal Motor Vehicle Franchise Law in 1956. The law stipulates that if the manufacturer fails to follow the principle of good faith in the execution of the franchise agreement, especially in the supply of the distributor or the termination, revocation or transfer of the franchise, the dealer may require the manufacturer to compensate.
As of 2010, the 50 states of the United States have enacted the car dealer franchise law. The change in the strength of manufacturers and distributors has made the state auto dealer franchise law gradually become the main regulation shaping and regulating the US auto dealership industry. At present, the state car dealership franchise law is more conducive to dealers, to ensure the profit and survival of new car dealers as the main purpose, the strong position of dealers can be guaranteed in legal form.
Since the financial crisis in 2008, especially due to the bankruptcy reorganization of the three major US automakers, the United States has emerged a strong call for reforming the state auto dealer franchise law, balancing the relationship between automakers and dealers, and protecting free market competition. .

Run Flat Tyres

Ideal drifting tyre with special design and components based on competition experiences.

Run Flat Tyres

Run Flat Tyres,Run Flat Tires,Cheap Run Flat Tyres,Run Flat Tires Cost

SHANDONG FENGYUAN TIRE MANUFACTURING CO., LTD. , http://www.fytires.com