The hottest law enforcement ability continues to i

2022-08-24
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The law enforcement ability has been continuously improved, and decisive action reflects determination

China's anti monopoly law has been implemented for five years. Over the past five years, this new law has set off against China's economic soil and has been constantly improved in the debate and exploration of all walks of life. Over the past five years, the regulatory authorities have become more skilled in using anti-monopoly tools, and the concept of anti-monopoly has gradually become popular

the troika shared the responsibility of implementing anti-monopoly

on July 29, the anti-monopoly case publishing platform of the State Administration for Industry and commerce was officially put into operation, and 12 monopoly cases were announced at the same time. The public can consult the decisions of the industrial and commercial authorities on the handling of all closed monopoly cases, marking a new stage of openness and transparency in the anti-monopoly law enforcement of the industrial and commercial authorities

According to the person in charge of SAIC, since the anti monopoly law came into force on August 1st, 2008, SAIC has formulated and promulgated five supporting regulations, including two regulations on law enforcement procedures and three regulations on entities. In addition, the State Administration is drafting supporting regulations on anti-monopoly law enforcement in the field of intellectual property, and strives to issue them within the year

at present, the Ministry of Commerce, the national development and Reform Commission and the State Administration for Industry and Commerce jointly share the responsibility of implementing antitrust. The division of labor continues their historical functions. The Ministry of commerce is responsible for reviewing the concentration of business operators, the national development and Reform Commission is responsible for regulating the abuse of market dominance and monopoly agreements involving price, and the State Administration for Industry and commerce is responsible for regulating the abuse of market dominance and monopoly agreements involving price work, such as dividing regional markets or restricting market transactions

in the first three years of the implementation of the anti-monopoly law, the State Administration for Industry and Commerce and the national development and Reform Commission made no major moves. In 2009, the Ministry of Commerce rejected Coca Cola's M & a application for the acquisition of Huiyuan Juice, becoming the only anti-monopoly review prohibition case. According to industry analysis, at the initial stage of legislation, relevant supporting regulations are still being formulated, law enforcement teams also need training, and the functional boundaries of the three departments need to be further clarified. Therefore, the new law is difficult to be quickly implemented at the practical level

since this year, the antimonopoly law has been intensively enforced for the first time, focusing on consumption and food, which are closely related to people's lives. In January this year, the price monopoly agreement case of six LCD panel enterprises including Samsung in South Korea is the first time that China has imposed penalties on overseas enterprises for price monopoly. Subsequently, Maotai and Wuliangye, Baijiu enterprises, were fined 449 million yuan for monopoly, which is the largest fine issued by China for price violations so far

the two huge fines issued by the national development and Reform Commission for foreign-funded panel enterprises and domestic Baijiu enterprises are considered to be of benchmarking significance. In June, the national development and Reform Commission once again raised the banner of anti-monopoly and investigated eight foreign milk powder enterprises, which caused high concern in the market

law enforcement capacity continues to improve, decisive action reflects determination

Shi Jianzhong, an expert of the anti monopoly Expert Committee of the State Council and professor of China University of political science and law, said in an interview with chinanews that China has completed the anti-monopoly law enforcement of six large international enterprises in less than five years after the implementation of the anti-monopoly law, which is an exciting result. He believes that this fully demonstrates China's ability, attitude and determination to enforce the anti-monopoly law

the national development and Reform Commission will punish foreign or domestic enterprises, state-owned enterprises or private enterprises in accordance with the anti monopoly law, as long as their price behavior has an exclusion or restriction effect on domestic market competition in China. Lu Yanchun, deputy inspector of the national development and Reform Commission's price supervision and inspection and antitrust bureau, said that in the future, the national development and Reform Commission's antitrust bureau will continue to strengthen law enforcement

at the Symposium on the fifth anniversary of the implementation of the anti-monopoly law, Zhang Qiong, head of the expert advisory group of the anti monopoly Commission of the State Council, pointed out that in the past, China did not review foreign enterprises that invested in China and welcomed them all, resulting in many important fields and industries being controlled by foreign capital. As a highly mature market economy, the United States and Europe often conduct antitrust investigations, and the punishment is extremely severe. He believes that it is necessary for China to integrate with international practices and strengthen anti-monopoly law enforcement

however, doubts have also emerged. Some people believe that the objects of punishment are mostly foreign-funded enterprises or private enterprises. Is there selective law enforcement? Shi Jianzhong said that strengthening anti-monopoly law enforcement will only further improve and optimize the market competition environment in China and create a better legal environment for enterprises

according to the national development and Reform Commission, since the implementation of the anti-monopoly law in August 2008, dozens of cases investigated by the price supervision and Inspection Bureau of the national development and Reform Commission have involved many industries such as medicine, papermaking, LCD panel, cement, insurance, shipping agency, etc. the market subjects investigated include state-owned enterprises, private enterprises, and foreign-funded enterprises. The penetration area will be wider in the future. Shi Jianzhong believes that from the current law enforcement force, we also need to make some choices and try to catch some influential cases, which will play a great role in improving the awareness of the anti-monopoly law and legal publicity. If you can fight a tiger, don't SWAT flies with limited strength

cultivating competition culture and improving the anti-monopoly law enforcement environment still need to be strengthened

other disputes come from the topic of monopoly of central enterprises. It can be seen from the provisions of Article 7 of the anti monopoly law on the state-owned economy and preserving the experimental curve to occupy a controlling position, which are related to the lifeline of the national economy and national security, as well as the purpose of anti-monopoly behavior without anti-monopoly state, This law, born in China's economic soil, can hardly avoid the complex consideration of ideology in the period of economic transformation

Zhang Qiong, who participated in the formulation of the law in the whole process, said at the seminar before the implementation of the law that the existence of monopoly industries in China, including power, telecommunications, railways and so on, some are the attributes of natural monopoly, some are the result of the formation of the planned economic system, and some are special industries related to the national economy and the people's livelihood. Therefore, its actual situation will be taken into account in the specific implementation

liujipeng, director of the capital research center of China University of political science and law, believes that the final result depends on whether it benefits consumers and brings prosperity to the market. That is, whether industries such as China's telecommunications, electric power and railways can bring consumers high-quality and low-cost products or services in the process of breaking the monopoly. What we should prevent is illegal and unfair competition

a typical case about central enterprises is that in 2011, the price supervision, inspection and antitrust bureau of the national development and Reform Commission announced an investigation into the suspected monopoly of China Telecom and China Unicom in the field of broadband access. This case was jokingly called a fairy fight by the media for a time, and there was no conclusion in the end

however, Wang Xiaoye, a consultant expert of the anti monopoly Commission of the State Council, believes that the several law enforcement by the national development and Reform Commission on large state-owned enterprises is a milestone, marking that the anti-monopoly law has begun to get rid of the vase label and can play its original value and role

the process of breaking monopoly is actually the process of breaking vested interests. Shi Jianzhong said that in the past, we thought that if we did a good job in this enterprise, we could do whatever we wanted. Such a competitive culture is negative or even destructive to the development of market economy. He believes that it is important to strengthen the anti-monopoly law enforcement environment. Enterprises must have the concept of competition culture and the awareness of anti-monopoly law

xukunlin, director of the Bureau of price supervision, inspection and antitrust of the national development and Reform Commission, also pointed out that only under the pressure of competition can operators be motivated to carry out technological research and innovation. Monopoly will inevitably lead to insufficient willingness to innovate and hinder economic development. He said that the national development and experimental data accuracy Reform Commission will further strengthen the anti price monopoly control law of water cleaning and water cleaning, study and refine the relevant provisions of anti price monopoly, issue relevant industry guidelines, further clarify the market competition rules, and guide operators to consciously abide by the law

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