The revision of the "Automobile Brand Sales Management Measures" (hereinafter referred to as the "Measures") was said to be introduced at the end of last year, but it has not yet moved. It has been reported that the "Measures" involve multiple interests, and the opinions of various parties have not yet been reached. There is no timetable for the final version. Some people even think that "in terms of current progress and processes, the new "Measures" are mainly in the middle of 2015. Can be introduced."
To revise the "Measures", the core seems to be to balance the interests of all parties. Which side must defend its vested interests. If one party has more, it may make the other party less. If any party is dissatisfied, it will lead to the suspension of the plan.
In fact, the revision of the European car sales management approach is also to find a balance between the interests of all parties. For example, in the revision of the European Automobile Industry Exemption Regulations in 2010, due to the financial market downturn caused by the financial crisis, many automakers made recommendations to the European Commission to remove many of the regulations that restrict manufacturers, such as allowing multi-brand sales; The termination of the authorization contract must state the written reasons to the dealer; if a company meets the manufacturer's service contract requirements, the manufacturer must accept the application of its brand service authority, etc., the European Commission was forced by the market pressure to cancel many provisions to protect the interests of the dealer. .
It has been reported that the legal norms of the code of conduct are not strong under the strict exemption regulations. After the issuance of the regulations in 2010, many manufacturers have added many restrictions in the dealer contract. Therefore, in July 2014, the European Commission held another meeting in Brussels to issue a notice to all 2020 vehicle plan members. By the end of 2014, if there is still a non-compliance with the code of conduct in the contract between the manufacturer and the dealer, the European Commission will adopt the law. Measures".
All EU guidelines on car sales guidelines are antitrust. The European Commission's Supplementary Guide to the Vertical Sales Restrictions in Automobile Sales and Maintenance Agreements and Auto Parts Distribution Agreements is clearly stated. “This Guide provides for the evaluation of automobile sales and maintenance agreements in accordance with Article 101, paragraph 1, of the EU Operational Model Treaty. And the principles followed by the vertical restrictions in the auto parts distribution agreement.
The Seventh Series of the Treaty on the Operational Model of the European Union is a common rule on competition, taxation and legal convergence. The first chapter is the Competition Rules. Articles 101 and 102 are equivalent to Article 81 of the original European Community Treaty. Article 82 stipulates that “if a dominant or market share company abuses its market position and affects trade between member states, these actions will be banned because they are incompatible with the Community marketâ€.
For example, for parallel imports, domestic debates are endless. In fact, the relevant EU guidelines have clearly stated that “the committee will protect parallel trade in the automotive industry as an important competition law target. In terms of automobiles, because of the higher value of the commodity, in the EU Consumers who buy cars in the country or obtain direct benefits in the form of low prices, it is particularly important for consumers to be able to purchase goods in other member states. Therefore, the Committee is concerned that the distribution agreement should not restrict parallel trade.
In fact, the "Measures" were born before the "Anti-Monopoly Law". Only this point must be revised in accordance with the "Anti-Monopoly Law," but it has not yet been moved. This may indicate that some people have not acted in accordance with the law and amended the "Measures". Some people's interests.
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