First, the State Administration of Market Supervision punished Tencent, and "concentration of music offenders" may have the effect of excluding and restricting competition.
On July 24th, the State Administration of Market Supervision issued AnnouncementNo. of Administrative Punishment. 202 167 issued by the State Administration of Market Supervision imposed administrative penalties on Tencent.
According to the notice, this case constitutes an illegal concentration of business operators, which has or may have the effect of excluding and restricting competition. At the same time, the survey found that the market share of Tencent's main competitors (slightly) also showed rapid growth, from less than 6% at the time of concentration to nearly 65,438+08%, an increase of about 200%, indicating that competitors have a tendency to strengthen competition constraints.
The punishment includes four items:
(1) Ordering Tencent and its affiliated companies to take the following measures to restore their competitive position in relevant markets: including: 1) No exclusive copyright agreement or other exclusive agreements can be reached with upstream copyright owners or in disguised form; 2) The upstream copyright party shall not be required or required in disguised form to give the parties conditions superior to other competitors; 3) It is not allowed to increase competitors' costs in disguised form by means of high advance payment, so as to exclude or restrict competition. To put it simply, it is to restrict the behaviors that may affect market competition after Tencent's merger, and prohibit exclusive copyrights and exclusive agreements.
(2) Impose a fine of 500,000 yuan. (3) Declaring the concentration of business operators according to law. These two articles mean that Tencent has not declared according to law, and 500,000 yuan is also a top fine that has not been declared according to law.
(4) Operating in compliance with laws and regulations, and establishing and improving a long-term mechanism for fair participation in market competition. This is a general clause, which applies to all enterprises that have been punished. In the future, all kinds of violations of the enterprise may be punished for violating one of the provisions.
Second, Tencent Holdings China Music Group Event Time Chain
2065438+On July 2, 2006/kloc-0, Tencent invested in China Music Group with QQ music business, and obtained 6 1.64% equity of China Music Group, gaining sole control.
20 16 12, the integrated China Music Group was renamed Tencent Music Entertainment Group. (Basic integrated operation)
On February 6, 20 17, 17, the transaction completed the registration formalities of equity change. (Program completed)
202 1 1 25, the General Administration of Market Supervision initiated an investigation.
On July 24th, 20021year, the General Administration of Market Supervision imposed a penalty.
On July 24th, 20021year, Tencent indicated that it would formulate rectification measures within the prescribed time limit and complete the rectification in an all-round way.
On July 24th, 2002/KLOC-0, Netease Cloud firmly supported the penalty decision.
Third, the analysis of punishment effect
1. It is difficult for leading music platforms to sign exclusive agreements with copyright owners, which lowers the industry threshold. However, the industry competition has been initially stable, and it is difficult for third parties to enter or change the market structure. I wonder if the three major telecom operators and the radio and television department with resource advantages can seize this opportunity.
2. The copyright owner will not be the beneficiary, because it can't get the premium provided by cooperation platforms such as exclusive buyout. It's not good for head music content providers, but it's good for new musicians.
3. The merger has become a fact and has been recognized by the competent authorities. Tencent will face the problem of how to resist the attraction of scale effect to users, actively reduce market share, and even decide which markets to give up.
4. Under the new supervision mechanism, Tencent's domestic investment strategy will be greatly affected.
In addition, it is hoped that the upper limit of the fine of 500,000 "centralized undeclared" will be less and less, enterprises will take the initiative to declare, and the competent authorities will take the initiative to intervene. Five years ago, "undeclared" should not be punished. If it does not affect the market structure, it is not necessary. And if it has an impact, the monopoly fine is much higher than 500 thousand.