Highlights on Antitrust Guidelines for Automotive Industry– Vertical Non-price Restrictions Face Potential Challenges
摘要
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. On March 23rd, 2016, the NDRC issued the Antitrust Guidelines for Automotive Industry (Consultation Draft) (“Consultation Draft”) to solicit public comments. The Consultation Draft, for the first time, provides explicit guidance for those non-price restrictions which auto suppliers often impose on their distributors from competition law perspectives. In this regard, vertical non-price restrictions in automotive industry are likely to become the new focus of the AMEAs’ enforcement. This article mainly discusses the non-pricing restrictions in distribution of new automobiles and analyses relevant provisions in the Consultation Draft.
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