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Study On The Regulation Of Vertical Restriction Competition Under The Model Of Automobile 4S Sales In China

Posted on:2019-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y B BiFull Text:PDF
GTID:2416330548957106Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid economic development in our country,all major industries have achieved unprecedented development momentum.However,behind the "high-speed economy",there are often drawbacks inherent in the industry.The current Chinese auto industry,already entered the post-market era.Under the influence of long-term brand single license model,China's auto market has been covered by the 4S sales model.Under the guidance of brand effect,a large number of 4S dealerships appear in China's automobile market.Their aim is specialization,omnidirectional and high quality service.However,with the development of market volume,suppliers are demanding more and more 4S dealerships.Not only the requirements for the initial equipment and service capacity of the 4S dealership,but also the restrictions on the franchisor's operational autonomy.Because of the lack of supervision in the automobile market,suppliers are increasingly controlling the dealers.The types of restrictions taken are also becoming more and more diverse.Over time,car suppliers gradually occupy the dominant position of the car,which ultimately leads to inequality between suppliers and dealers,and limits the profit of dealers.And has seriously hindered the automobile market free competition development.Because the anti-monopoly system of our country starts late and the relevant regulations are not perfect enough,the anti-monopoly law enforcement agencies in our country are often at a loss when restricting the competition behavior in the automobile market vertically.On the one hand,because the legal provisions of"Anti-monopoly" in our country are too vague,the anti-monopoly law enforcement agencies lack clear definition standards and punishment standards in the actual law enforcement,on the other hand,China's anti-monopoly agencies are professional and authoritative in taking laws.The effect of anti-monopoly regulation on vertical restriction of competition in automobile market is not obvious.However,with the accumulation and exploration of law enforcement agencies in the law enforcement,China's anti-monopoly law enforcement has achieved a more gratifying effect.At present,the vertical restriction of competition in China's automobile industry has been preliminarily controlled.In recent years,China's anti-monopoly commerce department,the National Development and Reform Commission and other development monopoly agencies have improved the legal basis related to anti-monopoly in our country.Moreover,according to the needs of actual law enforcement,the "Guide" has been further drawn up,which has made up for the lack of operability of the "Anti-monopoly Law",and to ensure the healthy development of the automobile industry in China through effective anti-monopoly law enforcement.With the deepening of antitrust investigation and the improvement of law enforcement measures,the automobile industry of our country will develop healthily towards the direction of diversification and sharing.In this paper,firstly,the characteristics of vertical restrictive competition behavior are summarized,and then combined with the actual situation of the automobile market,The paper analyzes the behavior of vertical restriction competition in the automobile sales market and after-sale market in China.By means of the effective antitrust law enforcement documents,this paper analyzes the behavior of vertical restriction competition.The regulation highlights of the policy and the analysis of their respective deficiencies,on the basis of fully absorbing the relatively perfect anti-monopoly enforcement legislation and enforcement experience of the anti-monopoly enforcement system such as the European Union and the United States,In order to guarantee the free competition of China's automobile market and promote the orderly development of China's automobile industry,this paper puts forward some relevant suggestions which are suitable for the current development of China's automobile market.
Keywords/Search Tags:automobile market, 4S sales model, vertical restriction of competition, anti-monopoly
PDF Full Text Request
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