Biodiesel Technology Dispatch of biology derv net: Regard the oil of “ ground channel with the oldest Yunnan as ” treatment company, yunnan of civilian look forward to is filled with joint-stock company of vessel biology energy (next weighing that be filled with vessel company) call slabstone oil tycoon China petro-chemical joint-stock company (the petrifaction in next weighing) , the name with “ antitrust ” , tell its the court, ask its process oily ” of “ ground channel the biology diesel oil that go out, bring into its fuel to sell a system. This case 3 fold. From January 2014 to lodge a complaint, up to now already two years half, when first instance, the lawsuit of the company that be filled with a vessel requests to get major support: Branch of Yunnan of the petrifaction in Kunming quadrangle court decision brings into biology derv its fuel to sell a system. The vessel is filled with after company, medium tripartite of the branch austral petrifaction Ji Jiyun all puts forward to appeal. Save tall courtyard 2 careful are late answer heavy careful. Yesterday morning, this case weighs careful open a court session in Kunming quadrangle. The biology derv that whether petrifaction abuses the market to control the position, company that be filled with a vessel to produce in whether safe, quality whether pass a barrier makes central point of front courtyard careful. After program of careful of classics front courtyard, former defendant both sides agrees to mediate again, the court announces to rest bilateral mediation is organized after front courtyard. In process of first trial order, former defendant both sides agrees to mediate, judicial requirement replies to the court inside 15 days, do not reply to close view a court decision, final both sides did not mediate a success. It is reported, this case is first forestall issue that Yunnan province court hears, also be the easy issue of refus break off relations that countrywide oil system involves head case. The expert thinks, this case open the new field of domestic antitrust. And case backside, the development dilemma that also refracts industry of derv of the road twist that oil of channel giving the ground becomes useless to be treasure, biology. Case course Oily ” of “ ground channel becomes useless to cannot find market however for treasure Shape accuses ” of forestall of oil tycoon “ The company that be filled with a vessel is the business that Yunnan produces biology diesel oil, devote oneself to to change ground channel oil useless to be treasure, treatment becomes biology diesel oil. The data that provides according to this company shows, the company is built for years produce ton of biology derv product line. But, enterprise oneself has no right to sell, ” of “ oily old rejects to trade, the enterprise faces dilemma. January 2014, this company will be medium petrifaction, medium branch of oil of Yunnan of petrifaction sale company (branch of Yunnan of the petrifaction in next weighing) tell a court, the biology diesel oil that the requirement produces the company that be filled with a vessel brings into its fuel to sell a system, recoup pecuniary loss 3 million yuan of RMBs. After Kunming quadrangle accepted this proposal in Feburary 2014, will make public sessional cognizance on July 30 at of the same age. Sum up this record central issue to be: The ground channel oil that whether the accused has legal obligation to buy accuser to produce makes biology diesel oil; If have, this law defines Wu how to ought to be fulfilled. Whether does the accused have forestall action, should assume corresponding legal responsibility. In December 2014, kunming quadrangle makes first instance adjudicate, the accords with national level biology diesel oil that branch of Yunnan of the petrifaction in sentencing produces the company that be filled with a vessel brings into its fuel to sell a system; Reject the other suit request of the company that be filled with a vessel. After the court decision, the company that be filled with a vessel, medium petrifaction Yunnan branch all refuses to obey the court decision appeals. The company that be filled with a vessel thinks, because do not have oil to sell the license of enterprise superior company, subordinate company cannot be allocated by oneself and sell biology diesel oil. Because this is medium,petrifaction Yunnan branch rejects to sell biology derv product all the time. In first instance court decision, enter a judgement to the branch only, did not have a court decision to head office however. That is to say, if will carry out according to the court decision, sell the license of company head office without oil, inferior branch is to be organized hard those who carry out. On April 22, 2015, province tall courtyard makes public open a court session 2 careful this case. On front courtyard, in the application such as petrifaction Yunnan branch external fuel of Gong Jiong of associate professor of economic commerce college, diesel engine is concoctive basically draft person Lin Jianmin to appear in court with biology derv attest. In August 2015, yunnan saves senior people court to make 2 careful rule, think court decision of former first instance holds basic fact not clear, violate legal order, ruling cancel original judgement, send heavy careful. In heavy careful program, the company that be filled with a vessel is the accused change Chinese petrifaction to sell branch of oil of Yunnan of limited company and limited company of Chinese petrifaction sale (next adding up to the petrifaction in saying) Weigh careful central issue Be filled with a vessel to whether have lawful aptitude? Yesterday, civilian look forward to is filled with a vessel company and in petrifaction litigates again. Relative to the front courtyard careful before Yu Zhi, this both sides launchs engage in a battle around a few new controversy central issues. “ is filled with vessel company to produce biology diesel oil without aptitude. ” at the beginning, petrochemical agent puts forward in, be filled with a vessel to cannot be pressed according to relevant provision, offer new environmental evaluation to check and accept, accordingly its do not have diesel oil of lawful qualification and matter of generation of formalities a future life, so the foundation that the petrifaction in letting buys also does not hold water. To this, chen Weibiao of solicitor of office of attorney of ancient bronze mirror of ice of the agent of the company that be filled with a vessel, Yunnan expresses, company project already saved project approving of bureau of the sources of energy in Yunnan, change center of product quality supervision and inspection, province to produce character inspect to examine through stone oilstone the academy examines, each index accords with national level, already had the requirement that in finished product oil retail terminal sells. And, “ our appeal is very explicit, it is to will be filled with vessel company to accord with the biology derv of national level to bring into its to sell a system, do not accord with national level, we also won’t ask in petrifaction sale. ” Whether does petrifaction have “ market to control positional ” in? “ looks from legal angle, the fact of petrifaction forestall is existence in. ” is filled with Chen Weibiao of lawyer of vessel company representative to think, as a result of in the sale terminal that petrifaction Yunnan branch held Kunming to exceed 80% , but biology derv produces a business and did not sell aptitude, must sell company cooperation with finished product oil, and in petrifaction rejects Cong Yingding company to buy biology diesel oil, it is fast forestall action. Chief thinks related the company that be filled with a vessel, civilian look forward to has the attempt of antitrust to first time of center look forward to, it is a kind of helpless behavior completely. He expresses, derv of biology of petrifaction block up enters consumptive market in, the life and death that endangered similar company lives or die. Produce a business as biology derv, oneself counterpoises without the sale however, produce manufacturing biology diesel oil, below the rig that sells a business in oil again, cannot enter the market, it is a kind of distress completely. But this kind is sad, not be the government sector does not have relevant file and policy support, below the support that faces all sorts of policy however, the finished product oil that is in position of ” of “ oily old sells a business, set a lot of thresholds however, repel biology derv enterprise outer, it is the market forestall behavior below a kind of hegemony completely. To this, in Zhan Hao of solicitor of office of agent of petrifaction Yunnan branch, An Jie’s attorney thinks, branch place does relevant behavior to be not formed ” antitrust law ” the refus break off relations below is easy. “ " antitrust law " the behavior of easy ’ of ‘ refus break off relations below must satisfy 3 important condition: Operator has the market to control a position in relevant market; Operator carried out easy behavior of refus break off relations; Operator does not have warrant. Below the condition that satisfying afore-mentioned requirements only, ability is maintained be disobey ” antitrust law ” . ” And the controversy product that this case involves is BD100 of biology derv raw material. BD100 is ester of fatty acid armour essentially, it has multipurpose sex, what can expect with Yu Ran not only is harmonic, still can use at other utility, if use as product of chemical industry of industrial boiler fuel, production. The ability after it should become B5 through mediating enters finished product oily market. The photograph is oily to finished product, it is a semifinished product only, with finished product oil not be a market. That is to say, fuel is harmonic the partial utility that is ester of fatty acid armour only, and in the market that petrifaction Yunnan branch is in is finished product oil to sell the market, do not be in market of ester of fatty acid armour, more do not talk to go up to be had in market of ester of fatty acid armour control a position. To this, chen Weibiao thinks the other side is changing a concept secretly, should “ everything talks with law ” . Basis ” method of finished product oily market control ” , finished product oil is to show etc of benzine, kerosene, derv accords with the standard of national product quality, alcohol benzine that has same use and biology derv to wait replace fuel. “ that is to say, BD100 is a kind of finished product oil. According to the data statistic 2008, petrifaction Yunnan branch is in in the finished product oily market of Yunnan has portion to amount to 67% , already achieved far control a position. At the same time abusive market controls a position, the biology derv that causes the company that be filled with a vessel enters the market hard, manufacturing get into trouble, cause huge loss. ” Does biology derv install insecure, quality to have sure? Because be in the cognizance before, whether does the biology derv quality that the company that be filled with a vessel produces amount to mark to make the central point of bilateral argument all the time. When heavy yesterday careful, bilateral all issued pair of products detect report. The company that be filled with a vessel detects when issue the report shows the product amounts to mark, and in petrifaction issue detect report indication product is unqualified. “ both sides obtains evidence, our whole detect justice passes the program, our program is more accordingly objective. One party of the petrifaction in ” expresses, they are in notarization square notarization falls, buy and had detected the product of the company that be filled with a vessel, look from index of detected quality of BD100 of a few batch, the biology derv quality that the company that be filled with a vessel produces exists problem, may cause menace to consumer and public safety. “ because this, if we are rushed,bring into derv of the biology that be filled with a vessel sale channel, may cause the waste of state-owned asset and prediction of a person’s luck in a given year. ” To this, old dimension darts represents agent of the company that be filled with a vessel, the product that sends check is completely eligible, the cause sending check that does not know the other side instead comes from where. And, the other side is in ” of “ promiscuous seeing and hearing. Our lawsuit requests “ is, ask you produce us the manufacturing biology derv that accords with national level to bring into sale system, unqualified you need not be bought. But premise is, you should open this cut first, want to this bought possibility exists. He says ” directly: “ takes quality not always for thing, a word, if we produce a biology diesel oil that accords with national level now, you do not close. What ” faces him is direct, agent of the other side also expresses: “ cannot see this only of course, see price ……” even Observation In the backside of close the door on of derv of petrifaction general biology In fact, be in early in April 2012, province government comes on stage ” the directive opinion that works about doing very channel oil to make biology diesel oil ” , the whereaboutldirection of oil of channel of clear Yunnan ground is the raw material that can regard production as biology derv only, unified sell biology derv to produce an enterprise to be used at making to take biology diesel oil, prohibit be being used at producing edible oil, feed oil, prohibit crossing the province is carried and current. In this file, yunnan province government is returned the oil in the requirement, medium the sale that the enterprise such as petrifaction coordinates to make exceedingly matter diesel oil works. According to the program, to 2015, strive for oil of the whole trench that save the land to make quantity of biology derv crop, application achieve 50 thousand ~10 10 thousand tons, oil of channel of preliminary implementation ground makes biology derv dimensions change, industrialization. But will look at present, the biology derv crop that Yunnan saves is far still anticipate not as good as. Yesterday, petrifaction gave out on front courtyard in two reason that do not grant to buy. “ is not I do not wish to push biology diesel oil, it is these derv let us not be at ease. They say ” , what public transportation company is in before is pilot in, mix the finished product oil that go out to be added on the car of public transportation company to be thought combustion is inadequate, discovered problem of a few quality, just interrupted promotion. In fact, at present in petrifaction still also does not have promotion to cross biology derv in other province, because in the gas station of 8 counties austral petrifaction Ceng Zaihai had pilot promotion, but the question is very much: Oily meeting occurrence peculiar smell, impurity, occurrence engine jams etc. Another reason is: The proportion of “ biology derv and derv are different, balance can appear after mixing with biology derv, we are 6 short in trying point process the month appeared 20 thousand yuan balance, let the other side fill, the other side did not work. ” And the procuratorial Chen Weibiao of the company that be filled with a vessel thinks however, the prime cause that petrifaction is not willing to sell biology diesel oil in is the country is had to oil company give aid to policy. And if allocate biology derv hind, because biology derv is,from oil of “ ground channel the abstraction in ” comes out, so sale price all compares common derv every tons low 1000 multivariate, derv price can be reduced amount to 5% , the derv sale after national exchange matchs will undertake allowance no longer, come to oil company so the loss very big increase. “ sells do not sell biology diesel oil, petrifaction also should be the interest consideration that having oneself in. The analyst inside a course of study points out ” , the crop of Chinese biology derv was 1.09 million tons 2013, and in those days derv consumption is 170 million tons about. From 2012 since, derv supply of China presents a comfortable situation namely, if sell biology diesel oil, the conference is crowded the oil in occupying, medium the derv of petrifaction itself sells share. On the other hand, in if bring into biology derv,selling a system, in oil, medium petrifaction still needs the pair of storage equipment, equipment such as gas station to undertake increase or be transforminged, want to increase more investment undoubtedly. On the other hand, it is difficult that biology derv also exists in real sale as fuel, the price of biology derv is cheaper than petrifaction derv 1000 yuan / ton, but as new product, the acceptance of the market needs longer process, if mix,in gas station case of petrifaction bavin oil price agrees, do not have an advantage. The awkwardness of biology derv industry and predicament In this case, petrifaction puts forward to be filled with vessel company to did not put forward to trade in invite. To this, the company that be filled with a vessel feels some are absurd: “ was carried countless times! ” reporter understands, in this process, even the government gets involved still be not had for many times if really. Yunnan is province of a lean oil, almost all oil is relied on provincial allocate and transport. On the other hand, the liaison man that Yunnan omits is carried basically give priority to with highway, be more than benzine to the demand of derv so, demand scale is 3:1, to solve problem of derv supply shortage, yunnan province plans to make biology diesel oil the pillar industry with be essential. Below such setting, the company that be filled with a vessel serves as place the biggest, also be current put the biology derv company that come down all one’s life only, got Yunnan saves governmental support. Lofty of Cao of selling manager of the company that be filled with a vessel expresses, in company discovery branch of Yunnan of the petrifaction in be being mixed alone is contacted not after free, entrust Yunnan province hair to change for many times again appoint, the service such as bureau of Yunnan province the sources of energy and in petrifaction Yunnan branch undertakes negotiating, petrifaction weighs the oil extraction outside cannot be being used in. Gradually, the biology derv industry that Yunnan saves formed an awkward situation, it is the government is advocated energetically at the same time, across is the product cannot put in the market at all. The biology derv industry that just blew ” of “ spring breeze entered ” of “ cold winter directly so, enterprises of many “ pioneer ” because this stop production, close down. The institute of the sources of energy of Yunnan Normal University that studies biology derv for a long time is taught piece think invincibly, compare with traditional petrifaction derv photograph, biology derv has a few advantages: Thermal efficiency is taller than petrifaction derv; Contain sulfur few, 2 oxidation sulfur is not contained in tail gas, carbon monoxide content also can reduce about 40 £¥ than petrifaction derv tail gas. Quantity of “ biology derv is postpartum have multiple society beneficial result: Avoid oily ’ of hogwash of oily ’‘ of ‘ ground channel to flow to table again; Improve diesel engine tail gas to discharge, improve mist haze; Reduce the social dependence to petrifaction derv. ” Expert introduction, the United States uses biology diesel oil generally already, produce per year a quantity to exceed 3 million tons; The country such as France, Brazil asks derv must mix the biology diesel oil that uses 5 £¥ , and produce and sale of derv of our country biology is long-term backwater not before. Bureau of Yunnan province the sources of energy is coordinated and Li Qin of section chief of technical equipment department says, derv of biology of Yunnan item the year before last year is produced can have 18 thousand tons only, and be not actual output, to 2015 from what make before this crop amounts to the 50 thousand program to 100 thousand tons target apart is very far. The personage inside course of study appeals, develop biology derv property, want to solve biology derv to sell “ to block the problem of neck ” above all, solve the difficult problem of raw material in short supply even, still should perfect policy form a complete set in addition. “ home is most now the development of biology derv enterprise is to step forward dimension difficult, this case can produce main effect to the industry undoubtedly. ” lawyer Chen Weibiao tells a reporter, if Yunnan is filled with a vessel to win the lawsuit, the current situation that breaks derv of biology of oil tycoon rejection, become biology derv to enter “ successfully the forerunner in system of sale of two pails of oily ” . China but Zhang Ping of executive chairman of guild of second birth the sources of energy thinks, the meaning of ” of the first case had exceeded “ lawsuit itself, matter to however whether drive development of health of industry of derv of our country biology and market benign competition. Gate of antitrust of open the sources of energy has tremendous demonstrative effect This case is called “ of antitrust of oil industry win initial success ” of the first gun. The petrifaction in be filled with vessel science and technology this to appeal to, open the new field of domestic antitrust. When first instance wins the lawsuit, a lot of civilian look forward to are filled with exultation, thinking this is probable is a cut that opens energy field antitrust. The expert thinks, this meeting gives congener company with confidence, the case will have tremendous demonstrative effect. According to the new condition of domestic antitrust, top magic art published relevant provision 2012, antitrust case is OK and direct to institute proceedings, the court should accept put in order continuously. It is however in practice, do not have almost through what direct judicatory lawsuit achieves antitrust goal. Although our country is some closer year antitrust, from do not have have, from inside endowment to the foreign enterprise, arrive from illicit look forward to state-owend enterprise, arrive from milk powder liquid crystal face plate, wait a moment to the car from gold, it may be said is rich and comprehensive. But so far, although have not little public opinion,very much time also pointed to spearhead instead tycoons of 3 old oil monopoly, can be opposite with forestall truly of its lawsuit, it may be said is infrequent. The antitrust photograph that waits for an industry with car, milk powder is compared and character, antitrust of the sources of energy faces more challenges and difficulty. Although all the time since very hard, but the situation of forestall of the sources of energy is being broken stage by stage. As we have learned, the oil in tycoon of two large rig mixes oil industry in petrifaction is pushing mixture ownership reform ceaselessly at present, with doing away with forestall stage by stage, energy industry breaks monopoly or in order to reform go ahead of the rest. Petrolic is reformed in had touched entire industry catenary, especially the advanced position with long already forestall also begins to become loose. What reform as group of two large rig is thorough, oil monopoly hopeful of this firm ice slowly prize. Be in early in Feburary 2014 portion, petrifaction announces to want to take the lead in rolling out oil to taste marketing to introduce society and implementation of civilian battalion capital to mix external in manage, accredit president sells company equity scale not to exceed the circumstance of 30% to fall in society and hold of civilian battalion capital, affirmatory investor, oppose clause of a scale, share and requirement, the organization carries out this plan to reach handle relevant order. Two years time already passed nowadays, petrochemical reform rate can say to exceed in anticipate inside course of study. To this, petrifaction spokesman Lv Dapeng expresses in, will continue to deepen mixture ownership reform this year, while system mechanism innovates, active exploration diversification is managed. Below such setting, the adjudgement of this case has deep idea quite. Industry thinks, judicatory intervenes the behavior that can abuse the market to control a position to forestall operator has effect of powerful correct an error. This, if be filled with vessel company to win the lawsuit, shake likely finished product oily market by in the traditional system that petrifaction implements unified sale, break the vitreous ceiling that possible obstacle competes normally.
