预防推高瓶装液化石油气价格 公用事业领域并购首次被禁 市场监管总局：集中后实体将在当地获得垄断地位

Core Viewpoint - The State Administration for Market Regulation (SAMR) has prohibited the establishment of a joint venture between several gas companies in Nanhai District, Foshan, marking the first ban on concentration in the public utility sector since the implementation of the Anti-Monopoly Law of the People's Republic of China. This decision aims to maintain competition in the bottled liquefied petroleum gas market and protect consumer interests by preventing price increases that could burden the public [1][2]. Group 1: Case Background - In October 2024, six companies engaged in bottled liquefied petroleum gas business in Nanhai District signed an agreement to establish a joint venture for investment, construction, and operation of a gas storage and distribution station [1][21]. - The concentration did not meet the reporting standards set by the State Council, but the parties voluntarily submitted a report to SAMR [1][2]. Group 2: Regulatory Process - SAMR received the antitrust report and found the initial submission incomplete, requiring additional information from the applicants [3]. - After reviewing the supplementary materials, SAMR determined that the case warranted acceptance despite not meeting the reporting threshold, initiating a preliminary review [5]. Group 3: Market Analysis - The joint venture was assessed to potentially grant the concentrated entity a dominant market position in the bottled liquefied petroleum gas market in Nanhai District, facilitating coordinated behavior among market participants and possibly leading to price increases [1][26]. - The market for this case was defined as bottled liquefied petroleum gas within the geographical scope of Nanhai District, Foshan [1][25]. Group 4: Competition Impact - The concentration is expected to significantly enhance the market control of the concentrated entity, with a post-concentration market share exceeding 60% and a Herfindahl-Hirschman Index (HHI) of 4640, indicating a high level of market concentration [1][28]. - The concentration could lead to a more stable market environment, high product homogeneity, and increased price transparency, making coordinated behavior among competitors more likely [1][28]. - Other competitors are projected to have a capacity utilization rate exceeding 85%, limiting the ability of downstream customers to switch suppliers and effectively constraining competition [1][28].