Huang Yong: Antitrust w88 live casino has entered a normal state this year and is likely to slow down
(Source: "Legal Daily" 2015Year1month5Japanese reporter Wan Jing)
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In this year, well-known foreign companies such as Qualcomm, Tetra Pak, Microsoft, and Mercedes-Benz have encountered China's antitrust w88 live casino investigations; Japanese auto parts companies have received the largest fines since the birth of the Antitrust Law; rare cases of anti-administrative monopoly investigations have also appeared. Due to suspected discriminatory charging of tolls, the National Development and Reform Commission launched an anti-monopoly investigation against provincial administrative agencies for the first time...
Too many "firsts", "biggest" and other highlights, let2014left a "strong" mark on China's antitrust w88 live casino process.
This “strongness” has been questioned by “selective w88 live casino”, “opaque w88 live casino” and “insufficient professionalism”. Regarding the future direction of antitrust enforcement, most experts interviewed gave prudent predictions. They believe that in view of the difficulty of w88 live casino, the increase in public supervision and the improvement of the government information disclosure system,2015Antitrust w88 live casino will be more prudent and rigorous in 2019, and the strong w88 live casino style may slow down.
Antitrust enforcement in full bloom
20142019 is a year in which antitrust w88 live casino flourishes everywhere. Whether it is targeting domestic or foreign-funded enterprises, or whether it is a natural monopoly or an administrative monopoly, w88 live casino agencies and judicial agencies have performed well.
Many multinational companies and foreign-funded companies are under antitrust investigation2014A major feature of antitrust in 2018. At the beginning of the new year, antitrust enforcement information has firmly attracted people's attention. Qualcomm is under antitrust investigation by the National Development and Reform Commission, and Tetra Pak and Microsoft are under antitrust investigation by the State Administration for Industry and Commerce of China.
5month29Issued by the National Development and Reform Commission2014The first antitrust fine in the year. Five ophthalmic lens manufacturers, including Essilor and Bausch & Lomb, were fined due to price monopoly violations of the Anti-Monopoly Law1900More than ten thousand yuan.
In the summer, the National Development and Reform Commission has targeted the imported automobile industry for a new round of antitrust.8month414003_14083
At the same time, domestic enterprises are also undergoing antitrust investigations and antitrust penalties. Up to now, through the "Anti-Monopoly Case Publication Platform", the anti-monopoly w88 live casino agencies of the national industrial and commercial system have punished16antitrust cases, all targeting domestic-funded enterprises.
The "restriction of administrative monopoly" provisions in the Anti-Monopoly Law have always been questioned by "showcases".9month13Xu Kunlin, director of the Anti-Monopoly Bureau of the National Development and Reform Commission, announced at a press conference held by the State Council Information Office that Hebei Province’s behavior of stipulating half-price road and bridge tolls for passenger cars in the province and charging full price for buses from other places is suspected of violating the anti-monopoly law and is being investigated by the National Development and Reform Commission. Relevant government departments in Hebei Province immediately proposed a rectification plan to restore the same charging prices for local vehicles and foreign vehicles.
Frequently updated antitrust fines
2014Year Antitrust w88 live casino Agencies Continue201316796_16815
In the sultry heat8In mid-month, the National Development and Reform Commission12A Japanese-owned auto parts company has launched a new product12.35A fine of 100 million yuan is the largest antitrust fine in my country so far. According to the reporter’s understanding,2013The National Development and Reform Commission has issued it since the year7Zhang received an antitrust fine exceeding 10 million yuan.
9month2Day, targeting the Zhejiang Insurance Industry Association23The National Development and Reform Commission decided to impose penalties on the Zhejiang Insurance Industry Association for violating the Anti-Monopoly Law by meeting and negotiating auto insurance premiums for a provincial property insurance company5010,000 yuan fine for those involved23Penalized by a property insurance company1.1A fine of 100 million yuan. This is the largest antitrust fine ever issued by the insurance industry.
When the media exclaimed that the number of antitrust fines was higher than the previous one, industry experts reminded the public that the focus on antitrust enforcement should not just stop at the amount of fines. Professor Shi Jianzhong, an expert on the antitrust law revision review expert group of the Legislative Affairs Office of the State Council and director of the Competition Law Research Center of China University of Political Science and Law, believes that even if the fines are "sky-high", the purpose of w88 live casino is not to impose huge fines, but to restore normal market competition order.
The end of super-national treatment
The intensive w88 live casino against foreign-invested enterprises immediately raised questions. The European Chamber of Commerce in China has expressed opposition to China's antitrust investigation, believing that they have been treated unfairly. There are also views that China’s anti-monopoly has double standards, with strict enforcement against private enterprises and multinational companies and passive enforcement against state-owned enterprises.
In this regard, Meng Yanbei, associate professor at the Law w88 casino of Renmin University of China, believes that in the early stages of reform and opening up, multinational companies and foreign-funded enterprises have the opportunity to enjoy "super-national treatment" in their business activities in China. In the face of China's anti-monopoly law enforcement practices, foreign-funded enterprises should think more and put down their dignity to reflect on whether their pricing behavior violates the provisions of the anti-monopoly law.
China’s Anti-Monopoly Law2008Year8Starting from January. It was only in the past two years that the National Development and Reform Commission and the State Administration for Industry and Commerce began to "make efforts". In this regard,Huang Yong, deputy leader of the Expert Advisory Group of the Anti-Monopoly Committee of the State Council and professor at the Law w88 casino of the w88 casinoindicates that this phenomenon may be explained as:Regarding the new Anti-Monopoly Law, w88 live casino agencies were previously willing to set aside a period of time for market entities to correct themselves. At the same time, they themselves also needed a period of time to learn professional knowledge and accumulate w88 live casino experience. But today, six years later, w88 live casino agencies are both willing and able to fully carry out anti-monopoly w88 live casino. In a sense, w88 live casino agencies are clearing "historical debts" and w88 live casino work will become normalized.
w88 live casino transparency that needs to be improved
Transparency of w88 live casino has become the focus of foreign media’s widespread questioning of China’s antitrust w88 live casino.
2014Year9month2On August 23, the National Development and Reform Commission disclosed its plans for Zhejiang’s insurance industry1.1At the same time as the anti-monopoly fine of 100 million yuan, the full text of the administrative penalty decision was published for the first time. Careful readers discovered that as early as2013The administrative penalty will be issued by the National Development and Reform Commission at the end of this year. Why has it not been disclosed to the public until now?Whether administrative penalty decisions for antitrust enforcement should be disclosed in a timely manner?
In addition, the lack of unified standards for the disclosure of administrative penalty decisions in anti-monopoly w88 live casino has become another issue that the outside world has questioned the transparency of anti-monopoly w88 live casino.
Professor Wang Xianlin, Executive Vice Dean of Shanghai Jiao Tong University Law w88 casino, believes that currently only the State Administration for Industry and Commerce has established an anti-monopoly case publishing platform for the industrial and commercial departments and published penalty decisions on concluded anti-monopoly cases. However, the National Development and Reform Commission and the Ministry of Commerce do not have a formal case announcement platform for anti-monopoly cases. Relevant anti-monopoly cases are scattered in news reports, making it difficult for the public to learn more about the specific case circumstances, penalty standards, etc. Moreover, these three antitrust law enforcement agencies have been exempted and suspended(or terminate)None of the relevant cases investigated have been publicly announced. The results of w88 live casino are not open and transparent enough, which not only affects the uniformity and fairness of w88 live casino, but also prevents the public from supervising it.
People in the industry generally believe that antitrust w88 live casino will become normalized in the future. However, in view of the difficulty of w88 live casino, the increasing intensity of public opinion supervision and the improvement of the government information disclosure system,201525497_25527
Professor Huang Yong thinks, the focus of antitrust w88 live casino in the future is to return to the original legislative intention of the antitrust law, which is to maintain a healthy and healthy market competition order. In the future, antitrust cases will be more complex and involve more frontier fields, which will put forward higher requirements for the professionalism of antitrust w88 live casino. To this end, my country's w88 live casino agencies should be prepared to actively meet the challenges.
Original link:http://epaper.legaldaily.com.cn/fzrb/content/20150105/Articel06001GN.htm
Reprinted by People’s Daily Online:http://legal.people.com.cn/n/2015/0105/c42510-26323854.html
Reprinted by China News Service:http://www.chinanews.com/fz/2015/01-05/6935062.shtml
Reprinted by Sina:http://news.sina.com.cn/o/2015-01-05/063931360150.shtml
