Automotive Industry

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By Susan Ning, Cheng Liu, Hazel Yin, Ruohan Zhang King & Wood Mallesons’ Commercial & Regulatory Group

untitledOnuntitled Muntitledarch 23rd, 2016, after several rounds of internal inquiries, Antitrust Guidelines for Automotive Industry (Draft for Comments) (hereinafter the “Consultation Draft”), drafted by the National Development and Reform Commission (“NDRC”) together with relevant authorities under the authorization by the State Council Anti-Monopoly Commission, was open for public comments. As the first comprehensive industrial antitrust guideline in China, the publication of the Consultation Draft stands as a milestone.
Continue Reading Highlights on Antitrust Guidelines for Automotive Industry — Overview and Frequently Asked Questions

by Susan Ning, Cheng Liu, Hazel Yin, Yun Bi King & Wood Mallesons’ Commercial & Regulatory Group

untitledInuntitled runtitledecent years, Chinese authorities have dealt with many antitrust cases for resale price maintenance (“RPM”), and such investigations have spread into various industries, e.g. milk powder, eye glasses, alcohol, automotive industry, etc. Especially in the automotive industry, since 2014, some well-known branded auto suppliers have been fined for restricting their distributors’ resale price. On March 23, 2016, the National Development and Reform Commission (“NDRC”) published the consultation draft of the Antitrust Guidelines for Automotive Industry (“Consultation Draft”) to invite public comments. The Consultation Draft particularly provides detailed explanations on RPM and provides practical guidance for both companies and the Anti-Monopoly Enforcement Agencies (“AMEAs”).
Continue Reading Highlights on Antitrust Guidelines for Automotive Industry– Clarifying the Enforcement on RPM

By Susan Ning, Cheng Liu, Hazel Yin, Yumeng Li King & Wood Mallesons’ Commercial & Regulatory Group

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Auto suppliers often impose non-price restrictions, such as territorial restrictions and customer restrictions, on their distributors. In previous penalty decisions of Anti-Monopoly Enforcement Authorities (“AMEAs”), non-price restrictions in association with resale price maintenance may be found violating Article 14(1) or (2) of the Anti-Monopoly Law (“AML”). However, AMEAs have yet punished any standalone non-price restriction under Article 14(3) of the AML.
Continue Reading Highlights on Antitrust Guidelines for Automotive Industry– Vertical Non-price Restrictions Face Potential Challenges

By Susan Ning, Cheng Liu, Hazel Yin, Lingbo Wei, Shenglan Liu King & Wood Mallesons Commercial & Regulatory Group

Ountitledn Muntitledarch 23, 2016, China’s National Development and Reform Commission (“NDRC”) published the draft of the State Council Anti-Monopoly Commission’s Antitrust Guidelines for Automotive Industry (the “Consultation Draft”) and invited comments from the public.

There have been quite a few antitrust investigations in China’s automotive industry in recent years. For the automotive aftermarket, auto suppliers in China have long been criticized for imposing restrictions on spare parts suppliers, distributors and repairers, which leads to the exclusive supply of original spare parts in the aftermarket as well as the foreclosure of repair technical information. Customers have been worried about the high parts-to-whole ratio and the unavailability to after-sale services.
Continue Reading Highlights on Antitrust Guidelines for Automotive Industry — Antitrust Issues in Automotive Aftermarket

By Susan Ning, Cheng Liu, and Hazel Yin King & Wood Mallesons’ Commercial & Regulatory Group

Ountitlednuntitled Muntitledarch 23, China’s National Development and Reform Commission (“NDRC”) published the draft Antitrust Guidelines for the Auto Industry (“Draft Guidelines”), and invited public comments by April 12, 2016. NDRC is entrusted by the State Council Antimonopoly Commission to take the lead in drafting these Draft Guidelines. Before this draft on March 23, it had circulated several versions among a smaller group and received comments from major market players, industry associations, consumer associations, academic experts and legal practitioners.
Continue Reading NDRC Invites Comments on Draft Antitrust Guidelines for Automotive Industry