SHANGHAI/BEIJING--China fined six
companies, including Mead Johnson Nutrition Co., Danone and New Zealand
dairy giant Fonterra, a total of US$110 million following an
investigation into price fixing and anti-competitive practices by
foreign baby formula makers.
The other three penalised were Abbott Laboratories, Dutch dairy
cooperative FrieslandCampina and Hong Kong-listed Biostime International
Holdings, the National Development and Reform Commission (NDRC) said on
Wednesday.
The fines, which follow a four-month antitrust probe
by the NDRC, coincide with separate pricing investigations into 60
foreign and local pharmaceutical firms as well as companies involved in
gold trading. Those probes have yet to conclude.
The official Xinhua News Agency said the fines were a record for China, although it did not elaborate.
“These are really significant fines for China, which has typically not
issued large fines for antitrust violations,” said Peter Wang, an
antitrust expert and Shanghai-based partner for law firm Jones Day.
Foreign infant formula is coveted in the world's second biggest
economy, where public trust was damaged by a 2008 scandal in which six
infants died and thousands became ill after drinking milk tainted with
the toxic industrial compound melamine.
Foreign brands account
for about half of total sales and can sell for more than double the
price of local formula. The infant milk market in China is set to grow
to US$25 billion by 2017 from US$12.4 billion in 2012, according to data
from Euromonitor.
The NDRC said in a statement the fines were
for restricting competition, setting curbs on minimum prices for
distributors and for using a variety of methods to disrupt market order.
It fined U.S.-based Mead Johnson 203.8 million yuan (US$33.29
million); French food group Danone 172 million yuan; Biostime 162.9
million yuan; Abbott 77 million yuan; FrieslandCampina 48 million yuan
and Fonterra 4 million yuan.
All of the companies said they would not contest the penalties.
Swiss giant Nestle, Japan's Meiji Holdings and Zhejiang Beingmate
Scientific Technology Industry and Trade Co. Ltd. were not punished
because “they cooperated with the investigation, provided important
evidence and carried out active self-rectification,” Xinhua quoted Xu
Kunlin, the head of the NDRC's price department, as saying.
Xu
said the probe began in March, but was only made public in early July.
After the NDRC probe was announced, a number of companies, including
Mead Johnson, Danone and Nestle, cut prices on their baby formula in
China by up to 20 percent.
Chinese firm Biostime was fined the
equivalent of 6 percent of its 2012 China sales, the highest of those
penalized, because it “seriously violated the anti-monopoly law and
failed to actively take corrective action,” Xu said. Biostime imports
most of its products.
Source: http://tinyurl.com/mnrfno2
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