China: Gansu DRC Investigates The Provincial Transport Bureau For Abusing Its Administrative Power (In Chinese)

Last Updated: 18 January 2016
Article by AnJie Law Firm

据兰州晚报报道(记者王星明) 根据投诉举报,甘肃省发改委对省交通厅所属省道路运输管理局及部分市运管局(处)在建设和运营道路运输车辆动态信息公共监控平台、安装车载终端过程中,涉嫌滥用行政权力,排除、限制竞争的案件进行了调查。根据调查结果,12月2日,甘肃省发改委在其官方网站公开了致甘肃省交通厅的函,称,根据《反垄断法》相关规定,经报国家发改委备案审核同意,建议省交通厅责令省运管局改正相关行为,并于2015年12月30日前将有关整改情况函告甘肃省发改委。

滥用权力约定车载终端限价水平

在2013年11月得到甘肃省工信委相关批复后,2014年6月11日,甘肃省运管局与中寰卫星导航通信有限公司签订了《北斗物流云综合服务平台项目合作备忘录》,委托中寰公司"投资建设省级北斗卫星导航定位中心及市(州)分中心,负责7万台物流车辆北斗兼容车载终端及物流显控终端的安装",合作期限暂定3年,并约定"北斗兼容车载终端及物流显控终端价格不超过2600元/套(包括设备、软件、安装等全部费用)"的限价水平。

之后,甘肃省运管局多次发文,要求"安装全省7万台重型载货汽车北斗兼容终端及北斗物流显控终端";规定"项目实施的资金全部由中寰公司承担";要求各市(州)运管部门尽快联系中国航天科技中寰卫星导航通信有限公司确定项目建设场地,加快全省货运公共服务平台、市州分平台建设进度。

为此,白银、武威、平凉等市运管部门与甘肃中寰卫星导航通信有限公司签订了备忘录,约定由甘肃中寰公司投资建设北斗卫星导航定位分中心,负责市辖区内总质量12吨及以上物流车辆北斗兼容车载终端及物流显控终端的安装,并发文做了规定。截止调查时,白银市已由甘肃中寰公司安装完成10320辆;武威市已由甘肃中寰公司安装完成车载终端车辆4441辆;平凉市已安装完成车载终端车辆1333辆。目前按此模式运行的还有酒泉、金昌、定西等市。由于在备忘录中约定了车载终端的限价水平,致使销售商将此价格作为"甘肃省运管局制定的指导价格"在全省统一执行。

尽管2015年5月28日,省运管局下发通知》,备案公告了14家卫星定位系统运营服务商,但未废止此前所发文中的违法规定,也未纠正一些市指定安装车载终端厂家和产品的违法行为。

多项做法违反《反垄断法》,建议放开终端设备进入甘肃市场限制

省发改委调查认为,省运管局等单位的上述做法违反了《反垄断法》,这些做法限制了道路运输企业或车主在监控平台和车载卫星定位终端购买时拥有自主选择权;排除和限制了监控平台和车载终端市场的竞争,并导致相关费用水平过高。比如:备忘录中约定的"北斗兼容车载终端及物流显控终端"价格2600元/套成为车载终端销售的唯一垄断性价格,较我省兰州市多家公司销售的卫星定位车载终端最低价格高出近一倍。

为恢复公平竞争的市场秩序,保障有关经营者的合法权益,省发改委建议省运管局依照国家相关规定,由道路运输管理机构负责建设和维护道路运输车辆动态信息公共服务平台;全面放开重型载货汽车和半挂牵引车的监控平台建设,并允许道路运输经营者自主选择接入通过交通运输部技术规范性审查的监控平台或公共服务平台;放开终端设备进入我省市场的限制,允许道路运输经营者自主选择购买安装通过交通运输部技术规范性审查的终端设备;对于安装质量合格的终端设备,允许其接入相关监控平台;取消约定的北斗兼容车载终端及物流显控终端限定价格。

来源:甘肃网

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