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China Researcher Blasts Antitrust Probes as ‘Absurd, Ridiculous, Stupid’

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It's reassuring to hear that there are professionals in the Chinese government pushing back against this abuse.

China Researcher Blasts Antitrust Probes as ‘Absurd, Ridiculous, Stupid’ - China Real Time Report - WSJ

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  • September 5, 2014, 5:33 PM HKT
China Researcher Blasts Antitrust Probes as ‘Absurd, Ridiculous, Stupid’
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A woman is reflected on the glass wall of a BMW showroom as she walks past it, in central Beijing.
Reuters
Auto industry executives and commentators have argued that hidden motives must be behind recent antimonopoly probes of luxury car makers in China. Now a blog post by a senior government researcher is adding more fuel to such speculation.

Foreign luxury car makers have come under the spotlight in recent months in China after state media accused them of earning exorbitant profits. Audi , BMW and Mercedes-Benz announced price cuts on spare parts to appease regulators, citing an investigation by China’s economic planning agency, the National Reform and Development Commission.

Many analysts have wondered why the NDRC and not the Ministry of Commerce is leading China’s antitrust charge. Recent comments by a commerce ministry-affiliated researcher illustrate how the NDRC-led crackdown isn’t winning too many fans from Commerce Ministry bureaucrats.

“How absurd, ridiculous and stupid the idea is,” Ma Yu, a senior researcher at a think tank affiliated with the Ministry of Commerce, wrote in a blog posted to the popular Internet portalSina.com.

The commerce ministry declined to comment on the matter, saying only that the views expressed in Mr. Ma’s post are solely those of the author. Mr. Ma wasn’t immediately available for comment. Officials at the NDRC declined to comment.

Mr. Ma in his post blamed the highly regulated nature of China’s auto industry for creating a situation in which car makers enjoy the upper hand. China’s auto policy, which was drafted by the NDRC, requires that foreign car makers form joint ventures with Chinese partners to make cars in the country. It also sets high thresholds that have effectively blocked some private entrepreneurs from the sector.

“The policy has successfully created a market that is relatively closed and oligopolistic,” Mr. Ma wrote. “That is the source of very different prices between home and abroad, the lack of momentum at Chinese manufacturers to innovate, and the failure to protect consumer interests.”

“For China’s auto industry, there is little to do but a complete overhaul of the current policy,” he argued.



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Mr. Ma also scoffed at the idea that the antitrust campaign against luxury car makers would actually improve the lives of ordinary Chinese people.

“Consumers of imported luxury cars are either rich people or celebrities. They are extremely insensitive to price swings, and even seeking higher prices to flaunt their status.”

He called on the government to put its antitrust focus on sectors that more directly affect hundreds of millions of ordinary consumers, including banks, insurance, telecom, electricity, petroleum and transportation.

NDRC officials have said they treat everyone fairly. “No matter whether it’s a fly or a tiger, we will take aim at it,” Xu Kunlin, head of the NDRC’s antimonopoly division, told reporters in February.

But Mr. Ma said the NDRC’s actions don’t correspond with those words. “Compared with the blatant monopolistic behaviors in some sectors, the auto monopoly is hardly an issue. Moreover, it’s very difficult to decide whether they constitute monopolistic practices.”

The NDRC cited the setting of minimum car prices as evidence when it accused foreign car makers of pursuing monopolies. But Mr. Ma called this accusation questionable.

“It’s more of a common business model than monopolistic practices. What’s more, the business models are permitted by the government,” he said, noting that such business practices were actually sanctioned by the government in earlier regulations governing the automotive sector.
 
It's reassuring to hear that there are professionals in the Chinese government pushing back against this abuse.

Yes, we got different voices, despite what people would have you believe.

But on the copy right issues, I forgot a very fundamental aspect due to the heated discussion.

Who gets copied the most? Or who's violated the most in China? US? Japan? Kenya? No, it's China itself.

China had multiple cases fought in court, actually, not true, endless cases fought in court and continue fighting in court.

One case I like to bring up is video sharing sites, huge battle between Youku, and Tudou, both fought for copy righted TV series and movies on the other's site, then instead of continued suing for no profit, essentially, cause let's face it they are both not clean, they merged.

Now they target everyone else like a hawk. lol


Copy right is coming, for example American TV shows are pirated as much as they get pirated in America. But if you are a big enough force and you either directly distribute or copy the theme enough, Youku will be on you faster than the IRS on Wesley Snipes.
 
Copy right is coming, for example American TV shows are pirated as much as they get pirated in America. But if you are a big enough force and you either directly distribute or copy the theme enough, Youku will be on you faster than the IRS on Wesley Snipes.

Hahah, good analogy. Regarding the rest of your comment, I completely agree that natural forces will cause China to converge with Western standards. One of the most insidious features of this argument is the framing of this as a "China vs. the West" issue, when in fact, as you point out, Chinese companies suffer just as much from this problem. I just hope it's solved sooner, rather than later.
 
Lots of people frame intellectual property debates as "someone stealing your hard written novel". The other side, of course, of pharmaceutical companies extorting billions in patent fees for a patent on a tiny modification of an existing molecule, semiconductor design companies extorting billions for every related little design modification and stifling competition, innovation and even destroying lives because of it, is never mentioned.
 
Lots of people frame intellectual property debates as "someone stealing your hard written novel". The other side, of course, of pharmaceutical companies extorting billions in patent fees for a patent on a tiny modification of an existing molecule, semiconductor design companies extorting billions for every related little design modification and stifling competition, innovation and even destroying lives because of it, is never mentioned.

No doubt, the abuses of the patent system need to be eliminated, and the system itself needs to be reformed to prevent this kind of abuse (I never understood how products could be patented just because they were in a certain shape). That said, just because the system is bad, that doesn't mean one has a license to arbitrarily break the rules at will. In the case of Pharmaceuticals, sometimes there is abuse, but most of the time, they need to charge high prices to recoup their immense R&D expenses. There's a reason why the American competitive advantage in life sciences is growing (market-based prices) while Europe's life sciences industries are withering (price controls). A better balance needs to be struck between protecting innovation, and ensuring competition. But stealing is not the way to do it.
 
Oh boy. someone is actually giving excuses for price fixing.

These are not small corporation, these are multi-national giant.

They should know better but they still did it.

To me, giving any excuses seem kind of "Absurd, Ridiculous, Stupid".
 
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The probes and sentences are just warning shots.

If the foreigners do not comply, they will be punished more severely.

China is no playground for profiteering Western business. Either comply, or get out, find another giant market.

Why do you think Volkswagen is about to beat Toyota in global sales? Because Toyota is missing out on the Chinese market due to political reasons while the German MNC is going full throttle.

If the German automaker (or other European or US companies) can find another market to sell goods via price fixing and other immoral trade practices, well, they won't be missed.
 
Fire this scumbag. A sick POS wanting Chinese consumers to be ripped off. Chinese penalties are a joke with only 10% of revenue being the maximum penalty. The maximum penalty should be 100% and the authorities can decide how much to punish them depending on the seriousness of the offence.
 
Fire this scumbag. A sick POS wanting Chinese consumers to be ripped off. Chinese penalties are a joke with only 10% of revenue being the maximum penalty. The maximum penalty should be 100% and the authorities can decide how much to punish them depending on the seriousness of the offence.

I guess what is important is that foreign business (and their local partners in the case of automobile) are now complying to the rules and regulations of the Chinese state. Now supervision and following up the level of compliance is the most important.

Only if these companies repeat the same unethical practices then will they be severely punished.
 
To the skeptics who thought that there would be no consequences for these trumped-up anti-monopoly investigations:

China's Use of Antimonopoly Law May Violate WTO Pact, U.S. Group Says - WSJ

China's Use of Antimonopoly Law May Violate WTO Pact, U.S. Group Says
U.S. Chamber of Commerce Report Says China's Use of Its Antimonopoly Law Has Been Subjective


By
LAURIE BURKITT
CONNECT
Sept. 8, 2014 5:03 a.m. ET

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The U.S. Chamber of Commerce said China's use of its antimonopoly law may violate its World Trade Organization commitments. Agence France-Presse/Getty Images

BEIJING—China's use of its antimonopoly law may violate its World Trade Organization commitments, a major U.S. business group said, as foreign companies increasingly push back against rising scrutiny from Beijing.

The U.S. Chamber of Commerce said in a report released on Monday that China's use of its six-year old antimonopoly law has been subjective and that enforcement agencies have skewed its implementation to favor China's own industrial policy and local companies. Discriminatory use of the law "arguably violates commitments that China undertook when it acceded to the World Trade Organization," the chamber said, adding that China agreed to fair competition when it joined the trade organization.

China has used the antimonopoly law "to pursue objectives that have no place in a free, open and fair market-based economy," it said. It added that using the law to pressure foreign companies to cut prices may "violate Article XI:1 of the GATT 1994, which generally prohibits restrictions on the importation of goods."

Related
Chinese agencies that enforce the country's antimonopoly law didn't respond to requests for comment on Monday, which was a holiday in China. Previously they have dismissed criticism from foreign business groups, pointing to actions they have taken against domestic companies. They also say the rising number of investigations under the country's relatively new antimonopoly law have precedent in similar actions in the U.S. and Europe in previous decades.

The announcement comes as foreign investors are increasingly worried about recent tactics by Chinese regulators to control product pricing in industries ranging from dairyto auto parts to technology. The Chinese government has opened pricing probes and slapped fines on foreign companies, prompting many to lower their prices.

Chinese regulators last month levied fines of $200 million on 10 Japanese auto-part makers for alleged price manipulation and two others probed were exempt from the fine. Audi AG NSU.XE -0.64% , BMW AG BMW.XE -0.15% and Mercedes-Benz parentDaimler AG DAI.XE -0.35% are awaiting possible punishment following similar probes.Microsoft Corp. MSFT +1.22% and Qualcomm Inc. QCOM +0.12% are being investigated for potential monopolistic activity.

BMW, Audi and Daimler responded to the investigations by cutting prices. Qualcomm has said it is cooperating with authorities; Microsoft has said that it abides by laws in China and is cooperating with investigators.

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Audi responded to China's antimonopoly investigations by cutting auto-part prices. Agence France-Presse/Getty Images

The U.S. Chamber said in its report that China's National Development and Reform Commission, China's economic planning body, has been using "heavy-handed tactics" on foreign companies, warning them that they shouldn't "put up a fight" and that use of external lawyers would result in doubled or tripled fines. The report also cited an August announcement by the European Chamber of Commerce in China, which said it heard "alarming" accounts from European companies that intimidation tactics are being used to force companies to accept punishment without full hearings.

A growing number of U.S. businesses say they feel unwelcome in China amid a crackdown on monopoly pricing and corruption. A survey by the American Chamber of Commerce in China released last week shows that 60% of companies feel less welcome in China than before, a sharp increase from 41% in the previous poll a year ago. In a new question for its members, 49% of respondents believe that foreign firms are being singled out for attack.

China's entry into the WTO in 2001 was a significant step to opening the country to trade and economic development.

The U.S. Chamber has previously claimed that China has violated WTO commitments, stating last year that China's indigenous innovation program favors Chinese firms and pressures foreign companies to transfer technology to China's homegrown companies. The chamber has also criticized China for taking few steps to improve foreign access to express delivery and telecommunications services.

China has said it abides by WTO standards.

—Yang Jie contributed to this article.
 
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