Huang Yong: Internet antitrust needs to consider w88 casino games characteristics
(Source: "Rule of Law Weekend" Date:2014Year3month5日）
Reporter Cai Changchun The phenomenon of high market concentration in the Internet w88 casino games is an inevitable result of the inherent characteristics of the w88 casino games. A high market share of an Internet company does not directly mean that it is in a monopoly position. Antitrust law is not concerned with the status of a company having a high market share, but with its behavior that has the effect of restricting competition.
After more than ten years of development, my country's Internet w88 casino games has formed a market structure in which several large companies such as Tencent, Alibaba, and Baidu coexist with many small and medium-sized enterprises. Whether there is an oligopoly in the Internet w88 casino games and how antitrust laws are applied in the Internet w88 casino games are controversial issues in the w88 casino games.
In this regard, the Rule of Law Weekend reporter conducted an exclusive interviewProfessor Huang Yong, deputy leader of the Expert Advisory Group of the State Council Anti-Monopoly Commission and director of the Competition Law Center of the w88 casino。
Rule of Law Weekend: What do you think of the current high market concentration in the Internet w88 casino games?
Huang Yong: First of all, the high market concentration in the Internet w88 casino games is an inevitable result of the inherent characteristics of the w88 casino games. The Internet w88 casino games is a typical network w88 casino games. The increase in enterprise scale can reduce average costs and enhance the positive feedback effect of the network, thereby greatly improving the efficiency of enterprise operations and increasing consumer welfare.
Secondly, high market concentration is also a common phenomenon in the Internet w88 casino games around the world.
Once again, the continuous emergence of disruptive innovation has kept the Internet w88 casino games in a state of dynamic competition.
Therefore, a high market share of an Internet company does not directly mean that it is in a monopoly position. Antitrust law does not focus on the status of a company with a high market share, but on its behavior that has the effect of restricting competition. When assessing the anti-competitive effects of specific behaviors, professional legal and economic analysis is required.
Legal Weekend: Will the increasing number of large-scale mergers and acquisitions in the Internet w88 casino games intensify market monopoly, and will they be regulated by antitrust laws?
Huang Yong: From the perspective of antitrust law, large-scale mergers and acquisitions may involve antitrust review issues related to concentration of operators, but it is necessary to specifically determine the reporting obligations based on turnover standards and changes in control rights, and conduct professional competition impact assessments based on the specific conditions of the w88 casino games.
Rule of Law Weekend: Are there any aspects of the existing antitrust law that are out of touch with Internet practice, thus causing difficulties in the application of law to law enforcement and judiciary? What corresponding follow-up and adjustments are needed in these places at the legislative level?
Huang Yong: The particularity of the Internet w88 casino games brings challenges to the specific application of antitrust laws. But from theoretical analysis and3QIt can be seen from the practice of the war that the basic analytical framework of the antitrust law does not need to be adjusted. The handling of Internet-related cases will play a positive role in refining the interpretation of anti-monopoly laws and improving the application of anti-monopoly laws.
What we need to focus on now is not simply amending the law, but implementing the basic principles of the Anti-Monopoly Law in specific judicial and law enforcement practices and better understanding one or several key legal provisions. In the process of applying the law, it is necessary to combine the specific characteristics of the w88 casino games and conduct an assessment of the competitive impact of suspected illegal behaviors from the perspective of dynamic competition. On the one hand, it is necessary to refine the understanding and application of relevant regulations, and on the other hand, maintain a good w88 casino games competition order and promote w88 casino games innovation and development.
Rule of Law Weekend: The Internet is a special w88 casino games. Many people in the w88 casino games believe that "if the scale of regulation is too tight, it will restrict the development of the w88 casino games; if the scale of regulation is too loose, it will be difficult to truly achieve the purpose of supervision." How do you think this issue should be dealt with?
Huang Yong: Looking back over the past ten years, we can find that my country’s Internet w88 casino games has gradually developed from scratch into a force that cannot be ignored in the global Internet w88 casino games in a market environment with few access restrictions and administrative intervention.
Looking to the future, conflicts will inevitably arise between the development requirements of the Internet w88 casino games and the restrictions of industrial policies, foreign investment policies and w88 casino games regulatory policies. For example, the current Internet companies are due toVIE(Variable interest entity)The bottlenecks encountered by the structure in business development and mergers and acquisitions integration are examples.
To deal with these problems, we need to implement the spirit of the decision of the Third Plenary Session of the 18th CPC Central Committee and let the market play a decisive role in resource allocation. Based on the innovative characteristics of the w88 casino games, appropriate deregulation should be promoted on the policy level to encourage innovation; at the same time, we should pay close attention to the development of the w88 casino games, and gradually adjust the supervision of the w88 casino games at different stages of market development based on the different characteristics of the w88 casino games.
Similarly, in the process of antitrust regulation, it is also necessary to balance the relationship between the development of the Internet w88 casino games and market competition rules, and fully consider the characteristics of the w88 casino games and the protection of w88 casino games innovation in competition analysis.
Attachment: Original report link
http://www.legalweekly.cn/index.php/Index/article/id/4652
Reprinted by Sina:http://finance.sina.com.cn/roll/20140305/014718404314.shtml
Reprinted by Hexun.com:http://news.hexun.com/2014-03-05/162717964.html
