中国官方出台汽车行业价格新规：“实际出厂价格低于其生产成本”存在重大法律风险

Core Viewpoint - The National Market Supervision Administration has released the "Guidelines for Compliance in Pricing Behavior in the Automotive Industry," emphasizing that setting actual factory prices below production costs poses significant legal risks [1][4]. Group 1: Overview of the Guidelines - The guidelines consist of five chapters and 28 articles, outlining the purpose, basis, and scope of application, while encouraging industry associations to enhance self-regulation [2]. - The guidelines specify pricing behavior norms for automotive manufacturers, detailing compliance requirements from vehicle production to sales, and enforcing fair pricing constraints [2]. - Automotive sales enterprises are required to adhere to pricing behavior standards, focusing on issues like failure to display prices clearly and false promotions [2]. Group 2: Internal Compliance and Risk Management - The guidelines encourage automotive companies to establish internal compliance management mechanisms, including price decision-making, sales contract management, and risk prevention [8]. - Companies must conduct regular reviews of pricing behaviors and assess potential compliance risks, with preemptive measures for actions that could lead to public complaints [8]. Group 3: Legal Risks and Pricing Practices - The guidelines identify nine pricing behaviors that carry significant legal risks, including setting factory prices below production costs and using deceptive discounting methods [4][6]. - The definition of "production costs" is strictly outlined, encompassing manufacturing costs and various operational expenses [4]. - The guidelines promote full-chain pricing management for automotive manufacturers, ensuring clear rebate policies and respect for dealers' pricing autonomy [5]. Group 4: Platform Responsibilities and Consumer Protection - Automotive trading platforms are encouraged to monitor pricing anomalies and inform both operators and consumers of potential transaction risks when prices are significantly lower than market levels [7]. - The guidelines mandate that automotive manufacturers clearly communicate any fees associated with "paid unlock" features, ensuring transparency with consumers [7].