On The Legal Regulation Of Price Monopoly Behavior In China’s Automotive Market

In recent years, China’s auto market surging, China has become the world’s largestcar market in2010, but since2012, the growth rate started to slow down, sales havesharply declined,the performance of the automotive market increasingly fierce pricecompetition. While the automotive industry is a pillar market of China’s nationaleconomy, regulation of the automotive market price-fixing antitrust behavioris our country one of the main tasks of antitrust. Pricing behavior of the automotivemarket and China’s auto market is closely related to policy, combined with the operatoralready has an inherent operating guidelines, making the automotive market anti-pricemonopoly work difficult. In order to establish a fair price for China’s auto marketcompetition order, from the anti-price monopoly mechanism, combined with theautomotive market’s own characteristics, in terms of legislation and price regulation andjudicial relief should be improved.This departure from the topics of significance, a combination of domestic andforeign car prices monopoly on research status, along the basic ideas and logicalstructure, carried out research. Firstly introduced the automobile market pricemonopolistic behavior of the basic theory, defines the areas of the automotive market,analysis of the price formation mechanism of automobile market, through the price ofthe basic theory of monopolistic behavior, obtained the automotive market price fixingbehavior concepts and analysis of the automotive market price fixing behavior causes.Secondly, analysis price monopolistic behavior of China’s automobile market aswell as the concrete manifestation of the harm. Price monopolistic behavior of China’sautomobile market mainly for three categories:the price monopoly agreements, abuse ofdominant market position and the implementation of administrative monopoly priceprice monopoly. These prices monopolistic behavior not only hinders fair competition inthe automotive market order, impair the consumer and the interests of other operators,but also affected the development of the automotive market’s own technologicalinnovation and industrial restructuring and upgrading, urgent need to be regulated byanti-monopoly law.Thirdly, analysis various price monopolistic behavior of China’s automobile marketthat standards.Identified the automotive market price monopolistic behavior, both inlaw enforcement or judicial, are a major difficulty, need analysis subject, subjective, objective, and the results four elements strictly. When identifieds the price-fixingagreements of automobile market, the illegal nature of information exchange behavior,the behavior of price coordination is the key point, When identifieds the prices abuse,requires the use of cost analysis, market comparison approach, motivation standards,loss compensation standards to define the behavior of ultra-high pricing, pricediscrimination and predatory pricing behavior. When identifieds administrativemonopoly prices of China’s automobile market, should grasp its boundaries with thegovernment price controls, the focus of abuse of administrative power.Then, analysis of the present situation and the insufficiency of the legal regulationof the acts of price monopoly of China’s automobile market. Legislation of China’sautomotive market in the anti-price monopoly, There are three deficiencies, includingautomobile industry policy and anti monopoly law is uncoordination, lack ofspecialized high-level legal adjustment of automobile market, regulation of theautomobile market price monopolyregulations lack of coordination; in the law In thepricing behavior of automobile market supervision, supervision strength weak, lack ofprofessional，in the anti price monopoly judicial relief, there are problems:the burden ofproof of plaintiff is difficult, the civil compensation system is not perfect, theadministrativeacts of price monopoly judicial review is not comprehensive.Finally, give proposals to perfect the regulation of price monopolistic behaviors ofChina’s automobile market. Legislation of China’s automotive market in the anti-pricemonopoly, we need to coordinate the automobile industry policy and antitrust law, at thesametime, learn from EU, introduced in the automotive anti monopoly exclusive rules.In the pricing behavior of China’s auto market supervision,coordinate the relationshipbetween administrative supervision and industry supervision, continue to implementthe auto market price and the pricepublicity system, focus on the construction of linkagemechanism of administrative supervision, and play an assisting role the auto industryassociation. In the anti price monopoly of China automobile market of judicial reliefsystem, in order to reduce consumer burden of proof in litigation, give the publicenforcement evidence effect, damage amount of detection by the court and perfect thesystem of civil compensation, and then improve the mechanism of judicial review ofadministrative acts of price monopoly, introduce the anti administrative monopolyin public interest litigation.From the perspective of antitrust law, on the pricing behavior of China’sautomobile market research, help to improve the anti-monopoly market regulatory system, for the specification of the automotive market pricing behavior, maintaining theprice of China’s auto market competition order and so has some theoretical and practicalsignificance.