AutoBeta(AutoBeta.net)12/25 Report--

On December 25, the State Administration of Market Supervision and Administration released the top 10 typical cases of anti-monopoly law enforcement last year, of which two car companies were on the list. It is understood that in 2019, the General Administration put on file and investigated 103 monopoly cases, closed 46 cases, and confiscated 320 million yuan. The two car companies that were finally named and selected into the 10th generation of cases are Changan Ford Motor Co., Ltd. And Toyota Motor (China) Investment Co., Ltd.

Monopoly Agreement of Changan Ford Motor Co., Ltd.

In June 2019, the General Administration of Market Supervision ordered Changan Ford Motor Co., Ltd. to stop its illegal acts and imposed a fine of 162.8 million yuan. Changan Ford Motor Co., Ltd. violated the Anti-Monopoly Law by limiting the minimum resale price for dealers.

According to the investigation, when Changan Ford Motor Co., Ltd. sold "Ford" cars in Chongqing from 2013 to 2017, by formulating and issuing a "price list", requiring dealers to sign a "price regulation and self-discipline agreement", formulating a price policy during the auto show, and restricting the lowest quotation of the dealer network, a monopoly agreement was reached with dealers to limit the minimum price for resale of the whole vehicle to a third party. Under the price control of Changan Ford Motor Co., Ltd., downstream dealers basically sell to the outside world in accordance with its minimum resale price. In order to strengthen its control over downstream dealers, Changan Ford Motor Co., Ltd. hired a third-party company to monitor dealers' quotations and actual retail prices, and punished dealers who did not sell cars in accordance with the minimum price policy. through deduction of deposit, suspension of supply and other measures to punish.

Monopoly Agreement of Toyota Motor (China) Investment Co., Ltd.

In December, Jiangsu Province's anti-monopoly law enforcement agency ordered Toyota Motor (China) Investment Co., Ltd. to stop its illegal activities and imposed a fine of 87613059.48 yuan. Toyota Motor (China) Investment Co., Ltd. violated the Anti-Monopoly Law by unifying dealer network quotations and limiting the minimum price for resale goods by dealers.

According to the investigation, from June 2015 to February 2018, Toyota Motor (China) Investment Co., Ltd. required dealers in Jiangsu Province to quote prices uniformly according to the suggested retail prices of each model when selling Lexus-branded cars on the Internet platform by holding dealer meetings, store inspections, Wechat notices, and so on. Dealers are not allowed to lower online quotations without authorization.

From 2016 to March 2018, the company's regional sales manager restricted the minimum resale price for dealers selling key Lexus models by holding regional cooperation meetings and Wechat notices. For example, the maximum discount rate for the Lexus RX450 should not exceed 6% of the recommended retail price. The minimum opening price of the elite is 273000 yuan, the lowest opening price of the ES300h comfort car is 353000 yuan, and the lowest opening price of the NX200 cutting-edge model is 288000 yuan. The NX300, LX570 and LS series all require that there is no cash discount when the new models appear on the market. Involved in Suzhou, Wuxi, Changzhou and other regions, more than 12 dealers.

Toyota Motor (China) Investment Co., Ltd. has implemented the above price control through a number of management measures.

The Market Supervision Administration pointed out that by virtue of their own dominant position and strict management measures, the parties have a strong binding force, which limits market competition and harms the interests of consumers. For dealers, they are deprived of the right of independent pricing, so that resources can not be allocated reasonably, and infringe upon the legitimate rights and interests of dealers; for consumers, they are forced to accept the price formed by non-competition and bear higher purchase costs. lost the right of free choice, harmed the legitimate interests of consumers.

Changan Ford and Toyota were named and listed as the top ten typical cases of anti-monopoly law enforcement. The State Administration of Market Supervision and Administration pointed out that under the guidance of the General Secretary's idea of socialism with Chinese characteristics in the new era, we will constantly strengthen anti-monopoly law enforcement, protect fair competition in the market, and safeguard the interests of consumers.

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