Exploring the plan for w88 online casino betting and rule of law under the new economic normal
(Source: "Legal Daily"2016Year11month9日日Version 9）
Author Jiang Anjie
10month27Sunday28日,Sponsored by the Expert Advisory Group of the Anti-Monopoly Commission of the State Council,Competition Law Center of w88 casinoHosted“2016China w88 online casino betting Policy Forum”Held in Beijing.
The theme of this forum is“w88 online casino betting policy implementation in supply-side structural reform”,Aims to focus on the current issues and challenges in the implementation of China’s w88 online casino betting policy,Respond to the demands for w88 online casino betting policy implementation in the current supply-side structural reform and explore strategies for w88 online casino betting protection under the new economic normal.
Wang Jiangping, Deputy Director of the State Administration for Industry and Commerce,Zhang Qiong, Convenor of Expert Consultation of the Anti-Monopoly Committee of the State Council,Heads of many overseas w88 online casino betting law enforcement agencies in the United States, the European Union, Canada, the United Kingdom, Australia, Japan, etc.,Zhang Handong, Director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission,Wu Zhenguo, Director of the Anti-Monopoly Bureau of the Ministry of Commerce,Ren Airong, Director of the Antitrust and w88 online casino betting Enforcement Bureau of the State Administration for Industry and Commerce,As well as experts, scholars, lawyers and business representatives from academia and practice departments500The rest of the people gathered in Beijing,Jointly discuss the implementation of w88 online casino betting policy in the supply-side structural reform and discuss the plan for the rule of law on w88 online casino betting. Representatives at the meeting expressed their opinions,He has expressed many insights on related issues.
The background and significance of w88 online casino betting policy implementation
current,The pace of China’s economic reform continues to increase,Supply-side structural reform is a major strategic decision of overall national economic development,Implementing w88 online casino betting policy is the essence of supply-side structural reform,How to accurately grasp the goals and significance of w88 online casino betting policy in this reform context,The search for effective implementation paths deserves in-depth discussion.
Zhang Handong pointed out,Vigorous implementation of w88 online casino betting policy is an inevitable requirement and important guarantee for deepening the supply-side structural reform.
Wu Zhenguo pointed out,中国自1978The process of reform and opening up since the beginning,In fact, the scope of w88 online casino betting is constantly expanding,The means of w88 online casino betting are increasing,The process of deepening w88 online casino betting,Especially in recent years, w88 online casino betting and w88 online casino betting policy represented by antitrust law have become increasingly important in the process of my country's economic and social development.
Zhang Qiong pointed directly,Last eight years,China’s antitrust cause has started smoothly,Explore forward,Achievements are hard-won,Adapting to the new normal of economic development and supply-side structural reform,Use antitrust means to strengthen market supervision,The tasks of promoting economic development and protecting consumer interests are more arduous,We must give greater play to the important role of w88 online casino betting policy in deepening reform and economic development,We must continuously improve the ability and level of antitrust law enforcement,Promote the establishment of national unified opening,Competitive and orderly market system,For us, the antitrust cause is a battle“New Long March”。
To this,The heads of overseas law enforcement agencies participating in the meeting also felt the same way and shared their experiences and put forward relevant suggestions from the perspective of antitrust law enforcement practices in their respective countries.
Challenges and Responses in the Implementation of Antitrust Law
一、Due process and transparency in the implementation of w88 online casino betting policy
In antitrust enforcement,Procedure is very important. If there is no fair process,Especially when the defendant or the person under investigation does not get a chance to defend himself,There may be problems with antitrust enforcement. Fair w88 online casino betting review should be carried out in the construction of market system,Fair w88 online casino betting review also requires a procedure,But how to effectively promote fair w88 online casino betting review,Let fair w88 online casino betting review be implemented,A fair, scientific and reasonable procedure is indispensable.
Experts attending the meeting pointed out,In the field of antitrust,Transparency and due process for w88 online casino betting enforcement agencies,is very important. The number one enemy of procedural justice is delay,Whether it is the common law system or other legal systems,If justice is delayed,That is a denial of the right to justice. Procedural fairness is also an international rule,For law enforcement counterparts,There should be a corresponding relief mechanism.
Targeting China’s fair w88 online casino betting review system,Experts attending the meeting pointed out,This problem must be solved,We can learn from and learn from Australia’s w88 online casino betting assessment system and experience,But experts remind that it may not be solved only through the procedures of antitrust law,It may also be solved through political procedures.
2. Application of w88 online casino betting policy in the Internet industry
The Internet is a product of the rapid development of modern technology,Obviously different attributes from traditional industries,This also brings many challenges to the implementation of antitrust laws,This is true worldwide. Experts attending the meeting offered their suggestions,Many cases in the Internet field do not simply involve w88 online casino betting,A series of tools may be needed to review,Sometimes it is necessary to communicate with other authorities,Or seek expert help. No matter what,These law enforcement agencies cannot solve the complex problems in some cases on their own,And enforcement is only one part of the equation.
w88 online casino betting law enforcement agencies should truly understand the changes in this industry:The first is the usual technical report,Experts will regularly report to them some trends in the industry; second, institutions must have their own research capabilities,You may have to take the initiative to conduct a survey every year,Build your own capability library,Be able to be prepared; the third is public consultation,Such as seminars, workshops,You can invite some people in the industry and related groups to introduce industry trends; the fourth is to recruit the right people,If it is a technically complex field,Better to have it done by someone with the relevant skills.
3. Information exchange
Information exchange may be wrong behavior,Because two competitors are manipulating prices together,Colluded prices,Harm consumers,This is an important violation of antitrust law. But the exchange of information can be beneficial or detrimental,How to avoid the negative effects of information exchange,Promote the good impact of information exchange,To gain the benefits of information exchange. This is the problem we face.
The law enforcement officers of the Anti-Monopoly Bureau of the National Development and Reform Commission who attended the meeting gave a brief introduction to the investigation and handling of monopoly agreement cases involving three pharmaceutical manufacturers producing estazolam,And explained in detail how to determine the implementation of China’s Anti-Monopoly Law“Collaborative behavior”'s. where,It’s worth noting,Collaborative behavior not only emphasizes objective consistency of behavior,There must also be subjective communication or information exchange. In addition,Leniency policy is of great significance in investigating cases of concerted behavior. Economic evidence also plays a positive role in investigating and punishing coordinated behavior,Through detailed analysis of the operator’s production, inventory, sales, market structure and other economic evidence,Comprehensive application of economic analysis methods,Comprehensive and prudent analysis of operator behavior,It is helpful to judge whether consistent behavior constitutes coordinated behavior.
The participating judges pointed out,Information exchange is a complex issue,The exchange of information is achieved through price changes. In the process of information exchange,The job the judge has to do is to pick out those behaviors that artificially exchange information to distort prices,Then the purpose is not to artificially distort the price,It is a natural information exchange to distinguish between these two situations,Perhaps a judge can do this kind of work better.
IV. Similarities and differences in multi-jurisdictional reporting and review of cross-border transactions
The concentration of business operators is an integral part of the implementation of modern antitrust laws,Although China’s Anti-Monopoly Law has achieved good results in terms of concentration of operators since its implementation,But with the intensification of globalization,Increasing transnational concentration,The substantive norms and procedural mechanisms are also constantly challenging the concentration review agencies of various countries. Antitrust Bureau since2008Established to2016Year9Until the month,Unconditional approval1535pieces,Conditional approval27pieces,Forbidden2piece.
Wu Zhenguo pointed out,China’s review of concentration of business operators presents three major characteristics:First, administration according to law and legislation first; Second, concrete analysis of specific issues; Third, always follow the principle of openness and transparency,A public announcement is made for all conditional cases. For conditions approved27cases,As of the end of last month8start,Supervision has been completed,Yes19is still in the implementation stage of supervision.
In addition,Experts attending the meeting agreed,International cooperation is increasingly important in merger and acquisition review,Because business mergers and acquisitions are becoming more and more international,More and more global. In the context of globalization,Antitrust enforcement in different jurisdictions must emphasize cooperation. but in different jurisdictions,In the short term, we must reach consensus on views and practices or unified regulations,It’s not very realistic.
5. Standard essential patents and antitrust
Standard essential patent(SEPs)’s commercial issues,In particular, the issue of licensing rates should be resolved through the market,That is, in most cases, the issue of licensing rates should be resolved through reconciliation.
Experts attending the meeting pointed out,This idea is too optimistic. Currently,At least in Chinese courtsSEPsThere are roughly five types of lawsuits:The first category is a patent infringement lawsuit; the second category is a lawsuit filed by the patentee directly to the court over the royalty rate; the third category is a passive lawsuit filed with the court to confirm that it does not constitute a monopoly; the fourth category lawsuit is a lawsuit filed by a user of the standard against the court for a monopoly caused by the abuse of market dominance by the patentee of the standard; the fifth category is a lawsuit brought by the implementer of the standard to the court for licensing,A lawsuit asking the court to confirm the royalty rate. where,The first three categories are initiated by standard patent predecessors,The latter two categories are initiated by the implementer of the standard,The latter two are more typical and famous in China: Huawei andIDC34575_34592,Means the possibility for owners of this standard to build their own market power,And use this own market power to make other technologies and innovations and licensee fees too high,This is why in the entire competitive market,Other competitors will be driven out of the market. To prevent patent hold-up,Standard setting organization createdFrandTerms,That is, the patentee is required to license in a non-discriminatory and fair and reasonable manner. But for w88 online casino betting enforcement agencies,It is difficult to answer very simply whether it is reasonable or not. AboutFrand’s dispute,Does not mean w88 online casino betting authorities should be involved to intervene,Because we think this is not a problem that antitrust law needs to solve,It is more of a problem to be solved by contract law.SEPsDoes not necessarily form a dominant market force,This requires related analysis,Do we have some other substitutes?
6. Antitrust Economic Analysis
In the field of antitrust,Economics is a very important research tool,This tool is also present in many national jurisdictions. Overall market assessment,It’s almost impossible,It is recommended not to make an overall condition assessment report,Should focus on specific industries. Participating experts made suggestions:
First, it is recommended to shift from w88 online casino betting status assessment to w88 online casino betting policy assessment,Evaluate our w88 online casino betting policy,Instead of assessing the competitive situation,w88 online casino betting status is the result of the implementation of w88 online casino betting policy. From the perspective of supply reform,w88 online casino betting policy should be evaluated,This is a very important change in thinking.
Second, it is recommended to calculate from structural analysisCRNorHHIIndex,Shift to paying equal attention to structure and behavior,There are even some industries that focus on behavioral analysis,Instead of focusing on structural analysis,This is another big change.
Third, it is recommended to transform industrial policy into fair w88 online casino betting assessment,Or establish relevant w88 online casino betting policies based on fair w88 online casino betting assessment. It is worth noting,Whether it is industrial policy or w88 online casino betting policy,Both have played the functional role of the government and the decisive role of the market in allocating resources. Be sure to note that w88 online casino betting policy itself can also fail,There are not only general market failures, industrial policy failures, and w88 online casino betting policy failures,So don’t try to expect w88 online casino betting policy to solve all problems,This is a very important idea.
7. Policy and practical discussion on w88 online casino betting and innovation
Innovation is an important factor in improving competitiveness,In turn, w88 online casino betting promotes a virtuous cycle of innovation. A prominent problem in China's current economic development is the lack of innovation and w88 online casino betting,Therefore,It is necessary to promote economic reform through w88 online casino betting and innovation.
Experts attending the meeting pointed out,Whether it is from judicial cases or administrative law enforcement cases,RPMHas the positive effect of promoting innovative enterprises and new products to enter the market,But there is also the potential risk of harming w88 online casino betting. In market operation,Only judicial deterrent remedies such as injunctions exist,In order to enable intellectual property rights to be protected. Additionally,Relevant legislation should consider the changes and development of the industry,Consider iteration of technology.
In view of the current hot topic of innovation,Experts attending the meeting pointed out,Innovation policy is not simply or mainly about the quantity of innovation results,It depends more on the realization of the value of innovation results,This will involve the operation of intellectual property rights.
The operation of intellectual property is also the result of the joint action of internal needs and external environment,From the perspective of internal needs,Enterprises do not define the reserve of intellectual property as a form of subsidy or cash out from the government,But because we are in a fiercely competitive industry,Think about how patent reserves can be transformed into truly effective value gains from multiple aspects. In this way, enterprises have the motivation to carry out intellectual property operations; from the external environment,Intellectual property operations require financial market support,There also needs to be a supporting legal system and judicial system for protection.
Large-scale international antitrust law enforcement roundtable forum
This forum has specially set up a large-scale international antitrust law enforcement roundtable forum,Carry out heated discussions and exchanges on the anti-monopoly law enforcement situation in various countries. In fact,The core topic of the roundtable forum is the issue of China’s just-launched fair w88 online casino betting review mechanism. to this,Huang Yong, Director of the Competition Law Center of the w88 casinoThe professor pointed out,The fair w88 online casino betting review system is a landmark,It is an epoch-making one,It is a leap,For antitrust enforcement,It should be a huge policy progress. under this topic,The participating experts had a friendly exchange. first,Zhang Handong reviewed the background and current implementation of the fair w88 online casino betting review system.2015State Council3245451_45477,This system has been implemented,This should be a policy orientation. Reform orientation produces institutions. This system is a top-level institutional design for China,A system arrangement refers to the policies and measures introduced by governments at all levels and relevant departments that have an impact on market economic activities from now on,We must pass fair w88 online casino betting review to ensure that government actions are not illegal,Will not interfere too much in the functioning of market mechanisms,Will not interfere with fair w88 online casino betting in relevant markets.
Then,Wu Zhenguo and Ren Airong exchanged views on their respective implementation and protection of fair w88 online casino betting review mechanisms. where,The Ministry of Commerce has formulated relevant internal procedures,This procedure stipulates that each department and bureau shall draft administrative regulations, departmental rules, normative documents and related measures,All must conduct fair w88 online casino betting review in accordance with the standards and methods proposed in the "Opinions",If necessary, you can consult the Anti-Monopoly Bureau. The role of the State Administration for Industry and Commerce in implementing this opinion is to guide and supervise as well as investigate and deal with it in accordance with the law.
The heads of w88 online casino betting law enforcement agencies in the United States, Canada, the European Union, Japan and other countries gave corresponding introductions on how to deal with private behaviors and public power behaviors that distort w88 online casino betting in their respective antitrust practices,And expressed approval for China’s launch of a fair w88 online casino betting review mechanism.
In addition,The heads of participating law enforcement agencies gave brief reports on recent antitrust law enforcement situations,And put forward valuable suggestions on the current implementation status of China’s Anti-Monopoly Law,That is, regulating monopolies and correcting distortions of w88 online casino betting through antitrust,Protect market w88 online casino betting.
2016w88 online casino betting Policy and Law Salon
http://epaper.legaldaily.com.cn/fzrb/content/20161109/Articel09002GN.htm
Attachment: Original link
http://epaper.legaldaily.com.cn/fzrb/content/20161109/Articel09001GN.htm?from=singlemessage&isappinstalled=0
