Huang Yong: Inventory of four keywords2014my country’s Anti-Monopoly

(Source: Xinhuanet Date:2014Year12month23Japanese reporter Zhao Chao)

Some people say that this is an anti-monopoly storm in China; some people say that this is the “first year of all-round anti-monopoly” in China. Review20149119_9225Professor Huang Yong of the w88 casinobelieves that "the goal of the market playing a decisive role in resource allocation is reflected in competition at the policy level and anti-monopoly at the operational level. By strengthening anti-monopoly, my country's market economy will become more mature and complete, and consumers will be able to get more benefits from it."

Keyword 1: Law Enforcement List

Competition and antitrust were born in the market economy, and have become increasingly perfect and mature with the development of the market economy. This year marks the 6th anniversary of the implementation of the Anti-Monopoly Law. my country is gradually establishing and improving an anti-monopoly system that is in line with national conditions and can effectively maintain the order of market competition.

９11On the 10731_10787th day, the State Council Information Office held a press briefing and released a list of anti-monopoly law enforcement in my country - so far, the National Development and Reform Commission has investigated and punished a total of enterprises and industry associations335homes, including foreign-funded enterprises33, accounting for approximately 10% of the total number of companies investigated10%; In the past 6 years, the Ministry of Commerce has filed a total of cases945Case, concluded875pieces, most recent3Average review completed every year210about; filed by the State Administration for Industry and Commerce3case, authorizing the provincial industrial and commercial bureau to file36pieces, total39cases, including foreign investment cases2case, now closed15case, investigation suspended1piece.

Keyword 2: Maximum fine

The automotive industry will undoubtedly be most affected by this year’s antitrust storm. August20On March 12, the National Development and Reform Commission announced that eight Japanese parts and components companies, including Sumitomo, would be punished for their price monopoly behavior in accordance with the law8.3100 million yuan, to Japan Seiko, etc.4A bearing company was punished for price monopoly behavior of approximately 400 million yuan in accordance with the law, with a total fine of approximately12.4Billion yuan. This is the largest fine ever issued by my country’s antitrust authorities.

Excessive auto parts prices have become a much-criticized shortcoming of my country's auto industry. It not only infringes on the interests of consumers, but also does great harm to the healthy business format of the auto industry.

The effects of the antitrust investigation into the automobile industry have emerged. GAC Honda8month8First announced on the day,9month1The price of some parts will be reduced starting from today. Subsequently, GAC Toyota also announced8month18The price of some parts will be reduced starting from today.

At the same time, antitrust investigations into Chrysler, Audi, Mercedes-Benz and other car dealers by local antitrust law enforcement agencies are also advancing. Some BMW dealers in Hubei8month13Cumulative fines per day162Ten thousand yuan. The Hubei Provincial Price Bureau also fined FAW-Volkswagen Sales Co., Ltd. about2.49100 million yuan, total fines imposed on 8 Audi dealers including Hubei Dingjie2996Ten thousand yuan.

Keyword three: surprise inspection

According to the Anti-Monopoly Law, the State Administration for Industry and Commerce Task Force7month28Japan conducted antitrust raids on four of Microsoft's business locations in mainland my country, namely Microsoft (China) Co., Ltd. and branches in Shanghai, Guangzhou, and Chengdu.

8On March 6, the State Administration for Industry and Commerce organized industrial and commercial law enforcement officers from four provinces and cities, including Beijing, Liaoning, Fujian, and Hubei, to once again conduct surprise inspections of one of Microsoft's business locations and one other relevant location in mainland China.

Surprise inspection has become an important means of antitrust investigation in my country. In March this year, anti-monopoly investigators from the National Development and Reform Commission went to Hitachi China to conduct a surprise investigation to publicize and explain the relevant provisions of my country's anti-monopoly law to Hitachi China. On April 2, Hitachi voluntarily surrendered to the National Development and Reform Commission, reporting on the monopoly agreements reached with relevant companies and providing important evidence. Subsequently, Fujikoshi and other companies surrendered one after another.

Keyword 4: Transparency and Justice

In response to the anti-monopoly storm unfolding in our country, some Western media believe that some anti-monopoly investigations launched by China are only to increase bargaining chips for bilateral w88 negotiations, or are targeting foreign-funded enterprises, and have little to do with the existence of monopoly.

Over the course of the year, various antitrust investigation and law enforcement agencies in my country have made clear responses to this.

“Our law enforcement only starts from monopoly behavior. Regardless of the nature of the subject, as long as price monopoly behavior is implemented, it will be investigated and dealt with equally. The purpose is to maintain the market order of fair competition. It will not be based on the behavior of the enterprise. They vary by nature. Currently, the targets of investigation include both domestic enterprises and foreign-invested enterprises, both state-owned enterprises and private enterprises. There are no problems targeting foreign-invested enterprises," said Xu Kunlin, Director of the Price Supervision and Anti-Monopoly Bureau of the National Development and Reform Commission.

Ministry of Commerce Spokesperson Shen Danyang pointed out that the relevant Chinese government departments’ investigation of suspected monopolistic behavior in accordance with the law is an important part of promoting fair competition and protecting consumer rights and interests. Investigating and punishing monopolistic behavior is a common international practice. In China, whether domestic or foreign-invested enterprises violate the law, they should be sanctioned and bear corresponding legal responsibilities.

Ren Airong, director of the Anti-Monopoly and Anti-Unfair Competition Law Enforcement Bureau of the State Administration for Industry and Commerce, said that since the implementation of the Anti-Monopoly Law, a total of cases have been filed in the industrial and commercial system39, among which there are only two foreign-invested cases, namely the suspected monopoly cases of Microsoft and Tetra Pak, which were investigated by the State Administration for Industry and Commerce, accounting for only 5% of the total number of cases.

Original link:http://news.xinhuanet.com/legal/2014-12/23/c_1113751124.htm

Chinese government website transfer:http://www.gov.cn/xinwen/2014-12/23/content_2795478.htm

Reprinted by ifeng.com:http://news.ifeng.com/a/20141223/42779985_0.shtml

Reprinted by People’s Daily Online:

http://sn.people.com.cn/BIG5/n/2014/1224/c190216-23323597.html