A certain car brand was fined RMB 87 million. How to impose a minimum price penalty?

When dealers sell cars, if the car manufacturer requires them to set a minimum price, it is a monopoly operation, and penalties such as fines and time-limited rectification can be imposed based on the illegal circumstances. Below, the editor of Legal Savior Network will provide readers with relevant answers. I hope it will be helpful to you.

1. A certain car brand was fined 87 million yuan, how to impose a minimum price penalty?

1. According to the provisions of my country's Anti-Monopoly Law, when dealers sell cars, if the car manufacturer requires them to set a minimum price, it is a monopoly operation, and penalties such as fines and time-limited rectification can be imposed based on the illegal circumstances.

2. Legal provisions: "Anti-Monopoly Law of the People's Republic of China"

Article 3 Monopolistic behaviors stipulated in this law include:

(1) Operators reach a monopoly agreement;

(2) Operators abusing their dominant market position;

(3) Concentration of operators that has or may have the effect of eliminating or restricting competition.

Article 14 prohibits operators from entering into the following monopoly agreements with transaction counterparts:

(1) Fix the price for reselling goods to a third party;

(2) Limit the minimum price for reselling goods to a third party;

(3) Other monopoly agreements identified by the anti-monopoly law enforcement agency of the State Council.

Article 46 If an operator violates the provisions of this Law and reaches and implements a monopoly agreement, the anti-monopoly law enforcement agency shall order it to stop the illegal behavior and confiscate the illegal gains. A fine of not less than 1% but not more than 10% of the previous year's sales may be imposed; if the monopoly agreement reached has not been implemented, a fine of not more than 500,000 yuan may be imposed.

If an operator takes the initiative to report to the anti-monopoly law enforcement agency the relevant circumstances of reaching a monopoly agreement and provides important evidence, the anti-monopoly law enforcement agency may, as appropriate, reduce or exempt the operator from punishment for the offender.

If an industry association violates the provisions of this Law and organizes operators in the industry to reach a monopoly agreement, the anti-monopoly law enforcement agency may impose a fine of not more than 500,000 yuan; if the circumstances are serious, , the social group registration and management agency may cancel registration in accordance with the law.

2. The differences between anti-unfair competition law and anti-monopoly law are What

1. From the perspective of the rights and obligations of the legal relationship subjects, the anti-monopoly legal relationship subjects have the freedom to participate in competition and resist monopoly in accordance with the law. rights and the obligation not to engage in monopolistic behavior; the subjects of anti-unfair competition legal relations have the right to engage in fair competition, resist unfair competition and the obligation not to engage in unfair competition in accordance with the law.

2. From the perspective of behavioral methods, monopoly is mainly when enterprises (manufacturers) control the market through monopoly, oligopoly and joint behavior to exclude or restrict competition. Various Monopoly agreements or monopoly organizations (trusts, cartels, syndicates, companies, etc.) are common forms of setting up market barriers to prevent others from entering the market. Therefore, monopoly often manifests as a contractual behavior; unfair competition behavior takes many forms There are many kinds, often manifested as a kind of infringement.

3. From the perspective of behavioral remedies and sanctions, antitrust law has emphasized the active intervention of the state or administrative agencies since its birth, regardless of civil law countries. It is also the common law countries of the United States and the United States that mainly adopt private law remedies for unfair competition, and the state adopts an attitude of ignoring complaints and ignoring them. Compared with monopoly behavior, unfair competition behavior mainly infringes on private interests, so unfair competition behavior is mainly stopped through private litigation, while the latter mainly infringes on public interests, and monopoly behavior is often stopped through administrative procedures. Criminal penalties are even used to punish serious monopolistic behavior.

4. Judging from the justice of legal principles and the changes in its specific provisions, the illegality of unfair competition itself is eternal, and in human legal philosophy and moral norms There will never be a time to correct the name. The illegality of some behaviors that restrict competition, such as monopoly, will be repeated, reflecting changes in the country's industrial policies. This determines that the antitrust legal system is relatively changeable and needs to be revised frequently. Moreover, such revisions do not just add but not change, but often change the nature of some originally illegal behaviors and relax restrictions on them.

The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Anti-Monopoly Law, dealersWhen selling cars, if the car manufacturer requires it to set a minimum price, it is an act of monopoly operation, and penalties such as fines and time-limited rectification can be imposed based on the circumstances of the violation. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.