Following the preparatory meeting on June 12 this year and the first working meeting on August 7, on October 9, the Price Development Supervision Bureau of the National Development and Reform Commission held the second drafting of anti-monopoly guidelines for the automotive sector.
Samarium cobalt magnet is a rare earth magnet. It is made from samarium, cobalt, and other metal rare earth materials through mixing, smelting into an alloy, and then crushed, pressed, and sintered.
SmCo Magnets have a high magnetic energy product and extremely low-temperature coefficient. Their maximum operating temperature can reach 350℃. When the working temperature is above 180℃, their maximum magnetic energy product (BHmax), coercivity, temperature stability, and chemical stability all exceed those of the NdFeB permanent magnet materials.
Samarium Cobalt Magnete ,Smco Magnet Grades ,Samarium Cobalt Ring Magnets ,Smco Customized Magnet Ningbo Besten Magnet Co., Ltd. , https://www.bestenmagnets.com
"If there is no accident, the draft of the "Automotive Antitrust Guide" will come out at the end of this month." Xu Xinyu, director of the Price Reform Bureau of the National Development and Reform Commission, said clearly on the same day.
It is worth noting that the "Guide" itself was issued by the Anti-monopoly Committee of the State Council to the National Development and Reform Commission in accordance with the legislative plan, and was drafted by the Price Supervision Bureau of the National Development and Reform Commission, and signed by the competent departments of the Ministry of Commerce, the State Administration for Industry and Commerce, and the Ministry of Communications. It will then be handed over to the State Council Anti-Monopoly Committee and issued by the State Council Anti-Monopoly Committee.
It is understood that the "Automotive Anti-Monopoly Guide" (hereinafter referred to as the "Guide") draft will be drafted at the end of this month, followed by a hearing to continue discussions, no accident will be submitted to the State Council Anti-monopoly Committee in June next year.
Undoubtedly, with the completion of the draft Guide, the anti-monopoly of the automotive industry is moving further from the external investigation four years ago to the start of the ticketing for Audi, Chrysler, Mercedes-Benz, Dongfeng Nissan and some Japanese parts companies last year. Standardization and institutionalization.
In order to ensure the comprehensiveness and impartiality of the solicitation of opinions, the participants on October 9 covered 14 automakers such as Mercedes-Benz, BMW, Jaguar Land Rover, Geely, Audi, Shanghai Volkswagen and Toyota; Bosch, Wanxiang and other five zeros. Component companies; representatives of 6 dealers such as SINOMACH, Lixingxing, and Huge; and representatives of 13 law firms including Dacheng and Jindu.
In addition, the participating organizations include the Anti-Monopoly Bureau of the Ministry of Commerce, the Competition and Enforcement Bureau of the State Administration for Industry and Commerce, the Transportation Service Department of the Ministry of Communications, the China Association of Automobile Manufacturers, the China Automobile Dealers Association, the Federation of Industry and Commerce Dealers, and the China Automobile Maintenance Association. And other government and association representatives.
Prior to this, on September 15, the NDRC issued a second questionnaire to a number of companies and institutions. The core content is the exemption situation and the exemption period. The specific cases of the vertical price restriction based on Article 15 of the Anti-Monopoly Law may include the following six types: new model promotion period; old model clearance period; auto show promotion and preferential activities; Vertical price limit; OEMs directly negotiate with a specific third party or specific end customers (such as: OEM employees, major customers, advertising and sponsors) to reach the sales price, and only through the dealer to complete the transaction ( Including the entire vehicle, accessories and accessories); and the price of spare parts in the warranty and recall services that are ultimately borne by the OEM.
The so-called exemption means that the manufacturer can control the price under special circumstances and be exempt from punishment. For example, in the promotion period of new models, the vertical price limit can increase the demand for new models by inducing dealers to promote products, and promote the successful listing of new models. In the old model clearance period, the vertical price limit in short-term collaborative price reduction activities is It may be commercially necessary and therefore exempt.
But how long is the period of the exemption and how long should the duration of the new model promotion period be at least? Should the duration of the coordinated price reduction activities of the old models during the clearing period be at least several weeks? In addition, the double eleven is near, is the price management implemented by automakers in auto e-commerce still within the scope of exemption? A series of core issues became the focus of discussions at the 9th meeting.
The exemption period will not be one-size-fits-all. Vehicle manufacturers generally believe that the price restriction exemption for the new car promotion period is necessary, and the exemption period is recommended for six months. “The new model has a long development cycle and limited life cycle. The golden cycle of a model is the first one or two years. The automaker hopes to effectively recover the previous investment in the past two years. It is hoped that the price will remain relatively stable and the price will drop too fast. Reducing word of mouth among consumers." On October 9, Li Hongpeng, executive vice president of Mercedes-Benz, expressed his views at the meeting.
The representative from Shanghai Volkswagen further stated that the launch of a new model includes new car launches, production planning, production order planning, and batch, logistics and transportation processes, taking into account the wider geographical area and distributors in China. Many factors, such as the country, require at least a four to six month exemption period.
Relatively speaking, luxury brands generally have higher expectations for the exemption period of new car promotion period. Mercedes-Benz, Porsche, etc. hope to get a one-year or at least no less than half-year exemption period. Other import, joint venture and independent brand recommendations are from 3 months to 6 months.
The exemption period for the promotion of new cars is basically the same. The participating car companies hope that the exemption period for the old models will be 6 months. In addition, the representative of Shanghai Volkswagen specially pointed out that there is also the promotion of new products and the clearing of old products in the after-sales service field. Therefore, it is recommended to increase the promotion period of new accessories and accessories and the design period of old products during the promotion period of new cars. The recommended period is 4 to 6 months.
However, unlike the perspectives and positions of vehicle manufacturers, dealers and related associations do not want the Guide to expand the exemption period. It is recommended that the promotion period should not be longer than three months or even canceled. There is no need to protect the clearance period.
Zhu Kongyuan, secretary-general of the National Federation of Industry and Commerce Automobile Dealers Chamber of Commerce, said that 40% of dealers have sustained losses in the past three years. Under the current system, manufacturers can adopt the methods of pressure storage, tying, and external mining to protect their own interests. It is also a last resort for dealers to have price inversions. “The pricing of a model is competitive. It depends on the comprehensive factors of pricing, publicity, marketing, etc., and the price should be given to the market to choose. Do not engage in promotion period exemption.â€
Resellers on behalf of SINOMACH said that for the clearance period of the old models, under the strict application conditions, such as the serious decline in economic sluggish sales and the obvious excess of vehicles, the general old model clearance should not stipulate the exemption period. .
In fact, due to the different positioning of goods, the draft Guide may not set a specific exemption time across the board. Su Hua, an expert on the drafting of the Anti-Monopoly Guidelines of the National Development and Reform Commission, said that the draft Guide may be enumerative, that companies evaluate themselves according to their own circumstances and have the responsibility to assess the legitimacy of their actions. “As the European Union’s guideline mentions for short-term joint promotions, a 2 to 6 week limit may be necessary, and the Guide will be presented in a descriptive manner,†Su Hua stressed.
Can car e-commerce be exempted?
In recent years, the rapid development of automobile e-commerce, the participating car companies generally pay attention to whether the sale through e-commerce can be regarded as a price agreement between the automaker and a specific third party or a specific user is exempted.
The relevant person in charge of Shanghai Volkswagen believes that the e-commerce model is to obtain price intentions directly from the OEMs through the network platform, and the local dealers only assist the OEM to complete the transaction. Therefore, Article 5 of the exempted situation is “specific. The situation of the third person is similar. It is recommended to list the e-commerce sales model as a one to enjoy the price limit exemption.
In addition, the specific form of e-commerce, in addition to new cars, spare parts, accessories and maintenance service packages, also includes special models for e-commerce platforms, as well as the underwriting of e-commerce vehicles to third parties, the act of invoicing by third parties, etc. . Therefore, car companies hope that the "Guide" will clearly include the situation of e-commerce sales.
Shanghai GM representatives mentioned that for the upcoming "Double Eleven", GM's brands may make promotions on Tmall. The specific form is to launch a double eleven event price for a model from the official flagship store. After taking the car, the local dealer is responsible for delivering the car at this price. For such activities, car companies generally have doubts about whether vertical price constraints are involved.
In this regard, the relevant person of the National Development and Reform Commission said that for the e-commerce sales model, it is first necessary to judge whether the price negotiation occurs between the manufacturer and the consumer or between the dealer and the consumer. If the price agreement is reached directly between the manufacturer and the consumer, and then the dealer assists in completing the transaction, the Guide will be considered together in the form of an e-commerce platform or a double eleven promotion or a grateful gift package. And has been studying related issues.
However, another situation is that the manufacturer engages in an activity, but in fact, the dealers come forward to negotiate the price with the consumer. In this case, the manufacturer still cannot set a minimum price for the dealer, limiting the dealers. competition.
In addition, the relevant person in charge of Audi proposed that in addition to the official website of the automobile business, consumers often obtain price information through the vertical media of the automobile and the group purchase website. Due to the support of venture capital behind them, these websites often sell complete vehicles and related services at a lower cost price, and the Guide needs to be regulated.
In response, the NDRC experts responded that such sites need to assess the cost of sales by website operators, if they sell their products at a lower cost than their own cost, especially for low-cost sales for the purpose of crowding out competitors. Behavior, car companies can respond to government departments.
Whether the pricing behavior of auto e-commerce can be exempted according to the relevant provisions of the Anti-Monopoly Law, the drafting drafting group will conduct a type analysis of e-commerce pricing and promotion, and is currently studying whether it can learn from the anti-monopoly experience of the Japanese auto industry. In addition to distinguishing between real agent and dealer sales, it further differentiates dealers who only act as intermediaries and distributors in the full sense.
“The Guide will refine the performance and conditions of different types of behaviors, and the operators are responsible for self-assessment and proof of whether their pricing behaviors meet the statutory exemptions.†Su Hua concluded.