Chinese and foreign experts provide advice and suggestions for the implementation of anti-monopoly law

——Summary of the 3rd China Competition Policy Forum

(Source: "Legal Daily"2014-5-28 Law w88 casino Edition Reporter: Jiang Anjie)

5month21Sunday23Day, composed of the Expert Advisory Group of the Antitrust Committee of the State Council, the Antitrust Law Branch of the American Bar Association,w88 casinoThe Third China Competition Policy Forum co-sponsored by the Competition Law Center was held in Beijing. Fang Aiqing, Vice Minister of the Ministry of Commerce, Zhang Qiong, leader of the expert advisory group of the Anti-Monopoly Committee of the State Council, Shi Jianjun, President of the w88 casino, heads of my country's three anti-monopoly law enforcement agencies, the United States, Germany, Australia, etc.88950_8986

During the three-day meeting, the guests held extensive and in-depth discussions on more than ten topics in the implementation of the Anti-Monopoly Law, especially the three topics of "the role of competition policy in establishing a unified, open, competitive and orderly market system", "coordination of anti-monopoly law enforcement and intellectual property protection", and "key issues in the review of concentration of undertakings".

Promote competition policy as a basic economic policy

Vice Minister of Commerce Fang Aiqing pointed out that the Third Plenary Session of the 18th Central Committee of the Communist Party of China made important arrangements for comprehensively deepening reforms. Building a unified, open, and competitive market system so that the market plays a decisive role in resource allocation will be the focus of reform in the future.

Zhang Qiong, leader of the expert advisory group of the State Council Anti-Monopoly Commission, emphasized that the core of the market mechanism is competition, and full market competition is an important driving force for economic development.

Xu Kunlin, director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, pointed out that industrial policy has played a very important role in promoting my country's economic development in the past ten years. However, with the deepening of market economic reform, the negative impact of industrial policy on the operation of market mechanisms and industrial development should be recognized. In addition to some appropriate industrial support policies in some emerging industries or high-risk industries, a large number of industrial policies should be withdrawn, and competition policies should play a fundamental role in encouraging innovation and promoting economic development. In addition, breaking up administrative monopolies and breaking regional blockades are also important work goals this year. w88 online live casino is necessary to give full play to the role of the Anti-Monopoly Law and strengthen competition law enforcement.

Non-Executive Director, UK Markets and Competition AuthorityWilliam　KovacicThe professor believes that communication between competition authorities is essential in the process of implementing competition policy and antitrust enforcement. Especially for emerging competition law countries, in order to improve the status of competition policy, w88 online live casino is necessary to start from each specific small case and strengthen the professional level and accumulation of experience in law enforcement.

Chairman, Australian Competition and Consumer CommissionRod　G.　SIMSmeans Australia is in80The era was also dominated by industrial policy, but the economy was very sluggish. Since the adoption of competition policy, the market has regained its dynamism.

Too Han-li, Director of the Competition Bureau of Singapore, said that Singapore’s reform experience shows that although emerging countries need industrial policy guidance in the early stages of economic development, as the market improves, industrial policy needs to take a back seat to competition policy, with competition policy playing a leading role.

Huang Yong, deputy leader of the Expert Advisory Group of the Anti-Monopoly Committee of the State Council and professor at the w88 casinopointed out in the summary of the meeting that the goal of the market playing a decisive role in resource allocation is reflected in competition policy at the policy level and antitrust law at the operational level. When the government advocates competition policy more than w88 online live casino advocates industrial policy, my country's market economy will become more mature and complete, and consumers will get more benefits from w88 online live casino.

Clear the relationship between antitrust and intellectual property rights

Ren Airong, Director of the Price Supervision and Anti-Monopoly Bureau of the State Administration for Industry and Commerce, introduced the "Regulations of the Administration for Industry and Commerce on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition(Draft for comments)》The revision of the seventh draft and the understanding of the relationship between intellectual property law and antitrust law, as well as the efforts made by the industrial and commercial departments in promoting the refinement of law enforcement procedures. Ren Airong pointed out that intellectual property rights and antitrust have the common purpose and function of promoting competition, promoting innovation, and protecting consumer welfare. They complement and promote each other. In practice, w88 online live casino is necessary to protect the corresponding rights and market advantages that intellectual property rights holders have through innovation, but they must not allow intellectual property rights holders to exclude or restrict competition. Therefore, clear norms are needed to coordinate and regulate.

Commissioner of the United States Federal w88 CommissionMaureen　OhlhausenDiscussed the connection between the two from aspects such as the evaluation of intellectual property rights, the importance of survey data analysis, and standard essential patents.Ohlhausensaid that for cases involving the intersection of intellectual property and antitrust, competition law enforcement agencies need to take a cautious approach, especially during the case evaluation process, they must analyze the industry's business model and actual data. In addition,Ohlhausenw88 online live casino also provides a positive response to the critical facilities theory that has attracted much attention through several typical recent American cases.

Wang Xianlin, a professor at Shanghai Jiao Tong University Law w88 casino, pointed out that the critical facilities theory was first proposed by the American courts in the judgment law, and it is mainly applicable to relatively tangible facilities, such as aviation, railways, ports, water supply and power supply and other pipeline network facilities. The European Union has also borrowed this theory, but its specific application is not limited to tangible facilities, but also includes intangible facilities such as intellectual property rights, standards, and software. China retains the application of this theory in regulating intellectual property abuses, but the specific applicable conditions must be strictly limited to prevent restrictions on the normal exercise of rights of intellectual property holders and truly achieve a balance between maintaining competition and protecting intellectual property rights to encourage innovation.

Refining the antitrust review of concentration of undertakings

Shang Ming, Director of the Anti-Monopoly Bureau of the Ministry of Commerce, disclosed at the meeting that since2008Year8Since the implementation of the Anti-Monopoly Law in March, the Ministry of Commerce has reviewed and concluded nearly nearly 10 cases involving declarations of concentrations of undertakings800pieces, of which approved unconditionally760Remaining items, conditionally approved23piece, prohibited1, the Ministry of Commerce’s handling of concentration cases has become increasingly professional and refined. Against this background, the participants conducted an in-depth discussion on the review procedures, competition analysis and relief measures for concentration of undertakings based on a fictitious cross-border case.

Regarding the issue of review procedures, the participating experts agreed that first of all, w88 online live casino is necessary to have a deep understanding of control rights, maintain effective communication with law enforcement agencies, and correctly grasp the standards for declaration of concentration of undertakings. Secondly, the openness and transparency of the procedures need to be further guaranteed and strengthened. Thirdly, w88 online live casino is necessary to actively play the role of simplified procedures to simplify the approval process and shorten the approval time. In this regard, Professor Huang Yong particularly emphasized that from foreign experience, the effective operation of simplified procedures depends on case review experience, the accumulation of industry data and information, and the investigation of feedback from industry competitors.

During the discussion on the competition analysis of concentration of undertaking cases, the participating experts affirmed the important role of economic analysis in w88 online live casino. Professor Huang Yong pointed out that economic analysis relies on the completeness and accuracy of basic data. China urgently needs to cultivate market-oriented intermediaries that provide economic data in various industries to provide support for the economic analysis of cases.

Partner at Wilson Sonsini Gooch & RosadiScott　Sherw88 online live casino is believed that for cross-border mergers and acquisitions that require antitrust declarations in multiple jurisdictions, its impact on the market in specific jurisdictions must be carefully analyzed. Huang Yong agreed with this view and analyzed the basic characteristics of many Chinese companies being in the lower reaches of the industrial chain of their industries, but at the same time being a major consumer of final products. He pointed out that in similar cases special attention needs to be paid to analyzing the impact on China's market innovation and consumer welfare.

Relief measures are the focus of discussion in this forum, Director Shang Ming expressed his gratitude to the Ministry of Commerce23cases of conditional approval are reviewed, in which a total of purely structural remedies were adopted3Case, behavioral relief14piece, mixed relief6case, judging from the results of law enforcement practice, horizontal transactions adopt more structural relief measures, while non-horizontal transactions adopt more behavioral remedies. Regarding the "maintaining independence", China's first quasi-structural relief measure that is hotly discussed by domestic and foreign experts, Director Shang Ming pointed out that this measure is first adopted to meet the need for restrictive conditions in the attachments of cases where structural stripping cannot be carried out during the review and behavioral remedies cannot resolve competition concerns; secondly, this relief measure is a law enforcement agency after fully listening to the opinions of the parties. Afterwards, the plan was designed after a full legal and economic analysis. w88 online live casino does not conflict with Chinese laws or the laws of other countries and regions, and is economically feasible. In addition, this experimental relief measure will not be universally applicable, and its effect also depends on the test of practice. We hope that all walks of life will remain patient and continue to pay attention.

The China Competition Policy Forum is an annual brand event of the Expert Advisory Group of the State Council Anti-Monopoly Committee. As the highest-level conference held in China in the six years since the implementation of China’s Anti-Monopoly Law, w88 online live casino is also the first academic conference held in China by the Anti-Monopoly Law Branch of the American Bar Association. This forum attracted two foreign More than a hundred representatives from competition law enforcement agencies, scholars, enterprises and other practitioners came to China to discuss hot and difficult issues in antitrust law with Chinese representatives, which had a wide range of academic influence and social effects, marking China as one of the most important jurisdictions in the world. China's antitrust legislation, law enforcement and justice have attracted global attention. In addition, as Vice Minister Fang Aiqing said, this forum has also become a high-end platform for China to further strengthen exchanges with domestic and foreign scholars and further expand the depth and breadth of international exchanges and cooperation. w88 online live casino will play a positive role in promoting the in-depth implementation of competition policies in China, Asia and even the world, and maintaining a fair competitive market environment.

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http://epaper.legaldaily.com.cn/fzrb/content/20140528/Articel09002GN.htm

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