Huang Yong: The implementation details of the Anti-Monopoly w88 casino are on the horizon
(Source: "Rule of w88 casino Weekend" Date:2013Year12month3日）
Reporter Ma Shujuan American chip giant Qualcomm recently issued a statement on its official website saying that China’s National Development and Reform Commission has launched an antitrust investigation against the company.
This is this year, after Moutai, Wuliangye, including Biostime6After issuing fines to several dairy companies, the Shanghai Gold Jewelry Industry Association and several gold jewelry companies, the National Development and Reform Commission struck again.
Previously, fines issued by the National Development and Reform Commission ranged from hundreds of thousands of yuan to hundreds of millions of yuan, which aroused great public concern about monopoly. However, while the penalties imposed on some companies have won social recognition, they have also caused some criticism.
Recently, there is news that the Ministry of Commerce, another enforcement agency of the anti-monopoly w88 casino, is formulating the "Implementation Regulations for Anti-monopoly Review of Concentration of Undertakings."
Huang Yong, deputy leader of the Expert Advisory Group of the State Council Anti-Monopoly Commission and director of the Department of Economic Law at the w88 casinoA reporter from the Rule of w88 casino Weekend said that in general, the current regulations are mostly substantive and procedural departmental regulations and guidance documents. Due to their limited legal level, coupled with the current surge in case volume and more complex cases, the three w88 casino enforcement agencies have encountered great difficulties in w88 casino enforcement.
Huang YongIt is suggested that for some anti-monopoly issues, if conditions are ripe, the State Council should start the formulation of relevant regulations as soon as possible to make the relevant provisions of the anti-monopoly w88 casino more complete, more operable, certain and professional.
Prevent excessive interference by public power
my country’s Anti-Monopoly w88 casino2008, this w88 casino came into effect only8Chapter57Articles are very principled and abstract. Wang Junlin, director of the Competition and Antitrust Legal Affairs Department of Beijing Yingke w88 casino Firm, told the Rule of w88 casino Weekend reporter that the principled and abstract nature of antitrust legislation is determined by the complexity of market monopoly behavior, which is also a common feature of antitrust legislation in various countries.
Huang YongThe Rule of w88 casino Weekend reporter introduced that there are usually two ways to refine antitrust laws abroad: one is used by case w88 casino countries represented by the United States, which mainly uses effective precedents to create laws and combines relevant guidelines; the other is used by statutory w88 casino regions and countries represented by the European Union, which mainly relies on the formulation of guidelines and binding implementation rules. The Guidelines and Implementing Rules are a summary of the cases accepted, social needs, and the impact of the w88 casino on market competition.
Huang Yongstated that the reason for adopting the guidelines and implementation rules is that each case may involve different industries, so the degree of punishment is also different. At present, our country mainly draws on the guidance and implementation rules.
Huang Yongsaid: "The EU's antitrust w88 casino is supported by a large number of legally binding regulations, guidelines, and regulations. Among them, only for agreements that restrict vertical competition in the automobile industry, determination methods and standards, as well as guidelines for various related factors30Multiple pages, nearly2Ten thousand words of content. ”
Why are there so many, professional and detailed regulations and guidance documents? Huang Yong believes that the main reason is that the market is dynamic and the business models involved in antitrust are diverse. "Since the choice of business model is a private right of an enterprise, and anti-monopoly administrative w88 casino enforcement is a direct restriction or even prohibition of private rights by public power, public power must be used with caution. So, how to achieve cautious enforcement? This requires professional and detailed judgment by w88 casino enforcement agencies to ensure that public power does not interfere excessively in the market." Huang Yong emphasized to the Rule of w88 casino Weekend reporter.
Supporting specifications should be meticulous
Promulgation of my country’s Anti-Monopoly w88 casino5Over the past few years, relevant supporting regulations and guidelines have been promulgated one after another. Among them, the State Council promulgated the "State Council's Regulations on the Standards for Notification of Concentrations of Undertakings" and the Anti-Monopoly Commission issued the "Guidelines on the Definition of Relevant Markets". The three anti-monopoly w88 casino enforcement ministries and commissions, the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry and Commerce, have also successively formulated a series of regulations to provide a more operational legal basis for their respective w88 casino enforcement.
The official website of the Ministry of Commerce shows that in the first three quarters of this year, the number of cases of concentration of undertakings unconditionally approved by the Ministry of Commerce reached 17055_17092|155pieces, the projects approved with conditions are4piece. The National Development and Reform Commission and the State Administration for Industry and Commerce have relatively few enforcement cases.
Huang Yong, who presided over the work of the National People's Congress Legal Affairs Committee's "Country Antitrust w88 casino Translation Project", told reporters that the EU's regulations and guidance documents in the field of mergers and acquisitions alone have translated hundreds of thousands of words, and only on the issue of how to determine turnover, there are thousands of words.
Huang Yongsaid that due to its close integration with the economic field, antitrust w88 casino is very professional. Antitrust w88 casino requires many supporting regulations, guidelines, implementation rules and guidance documents to enhance its professionalism.
Many issues need to be refined
With the deepening, comprehensiveness and normalization of anti-monopoly w88 casino enforcement, Huang Yong told reporters that he hopes that the National People's Congress will interpret the anti-monopoly w88 casino as soon as possible, and the State Council should formulate relevant implementation rules as soon as possible to explain the entities and procedures in detail, such as the explanation of the control rights of concentration of operators, the formulation of regulations for the implementation of anti-monopoly review of concentration of operators, the refinement of commitment and leniency systems, the calculation of illegal income and sales in the previous year, and the application guidelines for anti-monopoly in the field of intellectual property, etc.
Academics and lawyers say these problems are also plaguing business people. A person from the business community gave an example to reporters: "The Anti-Monopoly w88 casino stipulates that if a company reaches and implements a monopoly agreement or abuses its market dominance, the anti-monopoly w88 casino enforcement agency will order it to stop illegal activities, confiscate illegal gains, and impose a fine of not less than 1% but not more than 10% of the previous year's sales. If there are no more detailed regulations, the discretion of the w88 casino enforcement agencies will be too large."
“Companies must be trembling when faced with an investigation by the National Development and Reform Commission. They are afraid that their defense will be considered as insufficient understanding and failure to actively cooperate with the investigation of w88 casino enforcement agencies, and they will be fined higher. As long as it is increased by one percentage point, for enterprises, it may be several million yuan or even tens of millions of yuan. "The person said.
Huang YongIt is recommended that the National People’s Congress launch anti-monopoly w88 casino enforcement inspections. For some anti-monopoly issues, if conditions are ripe, the State Council should also start the formulation of relevant regulations as soon as possible to make the relevant provisions of the anti-monopoly w88 casino more complete, more operable, certain and professional.
Attachment: Original report link
http://www.legalweekly.cn/index.php/Index/article/id/4080
Reprinted by Hexun.com:
http://news.hexun.com/2013-12-04/160264267.html
Reprinted by Tencent:
http://finance.qq.com/a/20131204/001274.htm
