New Deal Regulates Aftermarket Automotive Antitrust into Deepwater Areas
December 25, 2022
The new order of the Chinese auto market is being rebuilt!
On September 18, 2014, the Ministry of Transport and the ten ministries and commissions jointly issued the "Guidance Opinions on the Promotion of Transformation and Upgrading of the Automobile Maintenance Industry to Improve Service Quality" (hereinafter referred to as the "Guiding Opinions"). On September 17th the day before, the China Article Numbering Center and the China Association of Automobile Repair Industry held a signing ceremony for the "Globally Unified Coding and Marking Application Service Project for the Automobile Maintenance Industry."
Coupled with the current anti-monopoly investigation against the auto industry, the overall screen of the auto industry market has been fully started from pre-sales to after-sales, and all of these aim to further eliminate monopoly to achieve fair market competition and protect consumer autonomy. The legitimate rights and interests of consumption.
The Ministry of Transport, together with ten ministries and commissions, jointly issued the "Guidance Opinions on Soliciting and Promoting the Transformation and Upgrading of the Automobile Maintenance Industry and Improving the Quality of Service," and clearly stipulated that:
Transfer of benefits pending
The control of auto manufacturers in the field of after-sales maintenance is regulated in the form of laws and regulations. Dealers and non-authorized maintenance companies will benefit from the "guidelines". However, the implementation of the later landing will determine whether the Guiding Opinion can really play its due role.
According to the author's understanding, the "Guiding Opinions" clearly stipulates that from January 1, 2015, automobile manufacturers should disclose technical data on vehicle maintenance to authorized maintenance companies and independent operators; and encourage original parts manufacturers to sell to the automotive aftermarket. Providing original accessories and independent aftermarket accessories with independent trademarks; allowing authorized distributors, authorized repair companies to resell genuine parts to unauthorized maintenance companies or end users.
In addition, on September 17th, China Article Numbering Center and the China Association of Automobile Repair Industry launched the "Global Service Plan for Coordinated Coding and Marking Applications in the Automotive Maintenance Industry", which standardizes auto parts products, vehicle maintenance, distribution companies, and industry management. Uniform coding and identification, easy to standardize the accessories products for the automobile maintenance industry, and standardize maintenance. At the same time, unified coding will help standardize industry management and market supervision, combat counterfeit and inferior products in the accessories market, promote the development of e-commerce in the automotive aftermarket, enhance the service level of the cloud platform, and provide strong technical support.
Zhang Zhiyong, a well-known commentator in the automotive industry, said: “The “Guidance Opinion” and the global unified coding and labeling of the automobile maintenance industry will effectively regulate the automotive after-sales service market. The introduction of the “Guidance Opinion” will effectively control the automotive manufacturers in the field of after-sales service. Restrictions, while unified coding and labeling will regulate the market for accessories in the automotive aftermarket, and at the same time it will impose certain constraints on the services provided by the maintenance companies and promote the sound development of the industry as a whole."
Among them, the "Guiding Opinions" stipulates: "Automobile production and its authorized sales, maintenance companies (including imported automobile operating companies) should inform consumers to correctly use, maintain, and repair automotive products in accordance with the instructions for use, and must not restrict or interfere with consumer self-selection. Maintenance companies and maintenance services must not refuse to provide maintenance services on the grounds that the car has selected non-authorized maintenance services within the “three guarantees” period.”
A relevant person in charge of a brand dealer said in an interview with the author: “The introduction of the “Guidance Opinions” will have a certain impact on the existing after-sales service market system, improve service quality and ensure the legitimate rights and interests of consumers, which will become an after-sales market. As a 4S shop, as the market changes, changes in business and service content will not be affected too much."
However, due to the "Guiding Opinions", automobile manufacturers are restricted in the control of the after-sales service market. The relevant distributors of the above-mentioned dealers also stated: “For the 4S shops, the “Guidance Opinions” will have a greater impact on the space for fare increase and 4S stores with relatively high working hours. The original pattern of soliciting business with original accessories will be broken. ”
The “Guidance Opinions” will have a greater impact on the price increase space and 4S stores with relatively high working hours. The original pattern of soliciting business with original accessories will be broken.
After-sales service market tends to standardize
From January 1st, 2015, automobile manufacturing enterprises shall disclose the technical data of vehicle maintenance to authorized maintenance companies and independent operators;
Encourage original parts manufacturers to provide original parts and independent aftermarket parts with independent trademarks to the automotive aftermarket;
Allows authorized distributors, distributors, and authorized maintenance companies to resell original parts to unauthorized maintenance companies or end users.
According to the author's understanding, the "Guidance Opinions" published by the Ministry of Transport have many improvements over the previous drafts. Among them, "the establishment of a system for the implementation of technical information on the maintenance of automobile repairs has been added to ensure that all maintenance companies have access to automobiles. Production company car repair technical information right". And from January 1st next year, when automakers are listing new vehicles, they must disclose the technical data of vehicle maintenance to authorized maintenance companies and independent operators.
In the recent anti-monopoly investigation conducted by Audi, the relevant officials of the Hubei Provincial Price Bureau once said: “FAW-Volkswagen Sales Co., Ltd. organized an Audi dealership in Hubei Province to conclude and implement a monopoly agreement to control vehicle sales and after-sales. Maintenance prices, deprivation, intervention in the pricing power of downstream operators, raising prices of policies and accessories, and harming consumer rights and interests.” The formulation of the above provisions may, to some extent, restrict the monopoly position of auto manufacturers in the aftermarket. It lays the foundation for fair competition in the after-sales service market.
Here, Cui Dongshu, Secretary-General of the National Passenger Vehicle Market Information Association, said in an interview with the author: “The publication of the “Guidance Opinions” will involve the transfer of interests in the automotive market and will give auto manufacturers control in the after-sales maintenance field. Constraints in the form of laws and regulations, dealers and non-authorized maintenance companies will benefit from the "Guidance Opinion" provisions, but the implementation of the later landing will determine whether the "Guiding Opinion" can really play its due effect."
Indeed, the implementation of the landing will determine whether the Guiding Opinion can play its role in application. The key to the problem is whether the original automobile manufacturers are willing to give away this "cake" in the aftermarket. However, judging from the current anti-monopoly investigations conducted by the automobile manufacturers on the relevant government departments, this prospect is not optimistic. Although various brands of auto manufacturers have shown good prices with "price cuts," careful research will reveal many of them. Taking Audi as an example, although the "zero-to-comparing ratio" of the vehicle is lower than before, the price-cutting accessories are mainly concentrated on durable parts such as engines and transmissions, and many consumers are complaining that this price reduction measure has not allowed consumption. Get any benefits.
Therefore, although the introduction of the "Guidance Opinion" is very good for regulating the vision of the automotive after-sales service market, how can we ensure that the relevant enterprises in the industry do not use relevant policies and measures and adopt a countermeasure to avoid risks and ensure that the policy will allow consumers to finally The most important thing is to benefit.
Shenyang Zhongda Huanxin Refrigeration Technology Co., Ltd.
