A Chinese Higher People’s Court rejects plaintiff’s claim alleging that a vehicle manufacturer and a vehicle repair service shop abused their dominant market position by requiring high profits and refusing to deal (Liu Dahua v. Dongfeng Nissan Passenger Vehicle Company)

I. Introduction of Liu Dahua v. Dongfeng Nissan Passenger Vehicle Company, etc. Anti-monopoly Case “OEM parts” refer to the parts which are produced by OEM part suppliers for the vehicle manufacturer and printed with the vehicle manufacturer logo. In China’s market, OEM parts are usually supplied to each 4S shop in a uniform manner from the post-sale department of vehicle manufacturer. 4S means Sale, Spare part, Service and Survey. The independent part distributors and independent vehicle repair service providers cannot or can hardly purchase OEM parts except the channel that OEM parts are exclusively supplied to 4S shops, thus, it is easy to restrain the competition on the vehicle part market and vehicle repair service market, and reduce the choices of consumer. Liu Dahua, a consumer,

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  • Renmin University of China

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Meng Yanbei, A Chinese Higher People’s Court rejects plaintiff’s claim alleging that a vehicle manufacturer and a vehicle repair service shop abused their dominant market position by requiring high profits and refusing to deal (Liu Dahua v. Dongfeng Nissan Passenger Vehicle Company), 1 November 2013, e-Competitions Bulletin November 2013, Art. N° 59420

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