Huang Yong:Why w88 mobile Unicom and Telecom’s antitrust cases have been fruitless for three years

(Source: "Rule of Law Weekend" Date:2014year2month25日）

Duration38691_8777

2month199348_9487

The key to suspected monopoly is to restrict competition

2011year11In August, the National Development and Reform Commission launched an anti-monopoly investigation into w88 mobile Telecom and w88 mobile Unicom on broadband access issues. The main content of the investigation is: whether w88 mobile Telecom and w88 mobile Unicom use their dominant market position in the fields of broadband access and inter-network settlement to hinder other operators from entering the market. The National Development and Reform Commission stated that if it is found to be illegal, the two companies will be fined "the previous year's turnover"1%To10%"a huge fine.

Faced with the tough attitude of law enforcement agencies and widespread doubts from the public, w88 mobile Telecom and w88 mobile Unicom2011year12month2issued a statement on the official website at the same time, admitting that there were indeed unreasonable behaviors in interconnection and prices, and promised to make rectifications to increase network speeds and reduce broadband tariffs.

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 casinoIn an interview with the Rule of Law Weekend reporter, he said that the key to the investigation of the two companies is "price discrimination" and how to achieve "interconnection".

What is the antitrust effect

“For consumers, the most important thing is to increase their Internet speed, lower charging standards, and eliminate suspected monopolistic behavior. "Xu Kunlin introduced that in accordance with the requirements of the National Development and Reform Commission, the two companies were2012Nianhe2013The rectification situation was reported in 2016, and the latest report is2013year12month23日和2014year1month713641_13691

Is this reform the function of antitrust or the function of the market itself? “Today’s communications market is relatively3There was a big difference before the year, and the improvement of various technologies accelerated the development of the entire market. ”Huang Yongbelieves that technological progress has played a certain role in this. How much role antitrust can play needs to be evaluated. Issues such as "interconnection" are also difficult to achieve by relying on enterprises' own reforms. Because there are huge interests behind it. Compared with w88 mobile Unicom, w88 mobile Telecom’s interest pie is even bigger. If you want to shake its interests, you obviously need to use external forces.

Opening the way for private capital to enter the telecommunications industry

w88 mobile Unicom and w88 mobile Telecom said that they had submitted applications to the National Development and Reform Commission for the suspension of anti-monopoly investigations. The National Development and Reform Commission also confirmed that they had received their applications and were reviewing them in accordance with the Anti-Monopoly Law. If the National Development and Reform Commission accepts w88 mobile Telecom and w88 mobile Unicom's application to suspend the investigation after review, the result of the investigation in this case is that w88 mobile Telecom and w88 mobile Unicom's actions will neither be deemed illegal nor legal, but will be required to abide by the "commitments" they made when applying to law enforcement agencies to suspend the investigation. In fact, the case was investigated3years, it has been such a long time, people have not seen the National Development and Reform Commission fined w88 mobile Telecom and w88 mobile Unicom, and the case has not been closed yet.

Huang Yongbelieves that although the case has not yet been concluded, w88 mobile Telecom and w88 mobile Unicom promised to reduce tariffs and broadband access fees after being investigated by antitrust authorities. Consumers have still enjoyed some benefits. The so-called "tiger attack" is effective in demonstrating the power of antitrust laws.

Huang Yongstated that state-owned enterprises were relatively unfamiliar with antitrust laws before, and some suspected illegal behaviors were still considered legitimate by some enterprises and industry associations. The investigation of suspected monopoly industries can cause and promote decision-makers to re-understand the industry management system. A more far-reaching significance of "fighting the tiger" is to cause a revaluation of the next step of industry regulatory system reform, the introduction of competition mechanisms, and the evaluation of the feasibility and path of competition policies in monopolized industries.

Huang Yongsaid that from monopoly to gradually moving towards marketization, monopoly industries such as telecommunications use it3years, it can be seen that anti-monopoly is not easy. "Here3In the past few years, from the implementation of virtual operator licenses to the cancellation of telecommunications business tariff standard approvals, the market dominance has been gradually broken. "(Reporter Sun Zhenghua)

Attachment: Original report link

http://www.legalweekly.cn/index.php/Index/article/id/4613

Reprinted by Legal Network:

http://www.legaldaily.com.cn/xwzx/content/2014-02/26/content_5307801.htm?node=53628

Reprinted by w88 mobile Net:

http://legal.w88 mobilecom.cn/2014-02/26/content_31605301.htm

Reprinted by w88 mobile Economic Net:

http://www.ce.cn/cysc/communications/yjdt/201402/26/t20140226_2376917.shtml

Reprinted by ifeng.com:

http://news.ifeng.com/shendu/fzzm/detail_2014_02/26/34202608_0.shtml

Reprinted by Sina:

http://finance.sina.com.cn/chanjing/gsnews/20140226/004818328226.shtml?bsh_bid=355060845248934379

Daily economic news reprint:

http://www.nbd.com.cn/articles/2014-02-26/812239_2.html