AutoBeta(AutoBeta.net)11/20 Report--

On November 20, the Anti-Monopoly Bureau of the State Administration of Market Supervision and Administration issued 43 administrative penalty cases in succession and filed and investigated 43 cases of operator concentration that had not been declared illegally in accordance with the law. After investigation, the above cases all violate Article 21 of the Anti-monopoly Law of the people's Republic of China and constitute a failure to declare the illegal implementation of operator concentration in accordance with the law, and it is considered that it does not have the effect of excluding or restricting competition.

According to the antitrust bureau, Geely Holdings and BYD were punished.

Baidu online Network Technology (Beijing) Co., Ltd. and Zhejiang Geely holding Group Co., Ltd. set up a joint venture that violated the anti-monopoly law and were fined 500000 yuan respectively. According to the documents, on January 10, 2021, Baidu online and Geely signed a joint venture contract between Baidu online Network Technology (Beijing) Co., Ltd. and Zhejiang Geely holding Group Co., Ltd. for the establishment of a joint venture in the field of new energy vehicles. Baidu online and Geely own 55% and 45% respectively. According to the above agreement, the joint venture shall be jointly controlled by both parties. On March 2, 2021, the joint venture obtained its business license.

According to Article 21 of the Anti-monopoly Law, "where the concentration of business operators meets the reporting standards set by the State Council, operators shall declare in advance to the anti-monopoly law enforcement agency of the State Council, and concentration shall not be implemented without declaration". On March 2, 2021, the joint venture obtained its business license and failed to declare it in accordance with the law, in violation of Article 21 of the Anti-Monopoly Law, which constitutes a concentration of operators that has not been declared and implemented illegally in accordance with the law.

Beijing Xiaogu Intelligent Automobile Technology Co., Ltd. and BYD Automotive Industry Co., Ltd. were fined 500000 yuan respectively for violating the anti-monopoly law in a joint venture case. According to the document, on July 10, 2019, Xiaomi signed a "joint venture contract" with BYD to set up a joint venture, with Didi holding 35% and BYD 65%. On November 1, 2019, the joint venture obtained its business license.

According to Article 21 of the Anti-monopoly Law, "where the concentration of business operators meets the reporting standards set by the State Council, operators shall declare in advance to the anti-monopoly law enforcement agency of the State Council, and concentration shall not be implemented without declaration". On November 1, 2019, the joint venture obtained its business license and failed to declare it in accordance with the law, in violation of Article 21 of the Anti-Monopoly Law, which constitutes a concentration of operators that has not been declared and implemented illegally in accordance with the law.

The General Administration of Market Supervision said that with the in-depth promotion of anti-monopoly law enforcement, the awareness of concentration declaration of business operators has been continuously improved, taking the initiative to sort out and report the concentration of operators that have not been declared illegally in accordance with the law, and actively cooperate with the investigation. The cases announced this time are all transactions that should be declared but not declared in the past, with a large number of cases, a wide range of enterprises and a long time span of transactions.

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