Huang Yong:Antitrust helps revalue the industry regulatory system
(Source: "South Wind Window" Date:2013Year11month3日）
The "Big Tiger" itself is a state-led monopoly. In the process of regulatory system reform, although the state has been balancing and adjusting the safety, efficiency and marketization of industries related to the national economy and people's livelihood, such as the north-south division of monopoly industries and the separation of power generation and power grids, a new monopoly pattern has now been formed.
Since2008年《反垄断法》实施以来，国家反垄断行动从最初三年的乏善可陈过度到了今年以来的“高调”执法，涉及到的行业范围和企业属性也得以拓宽。未来如何触动传统的垄断行业以及更为顽固的行政垄断，本刊专访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 casino。
w88 online sports betting enforcement in adversity
"Southern Wind Window": Since this year, the anti-monopoly agency of the State Council has increased its enforcement efforts, involving multiple industries such as electronics, communications, liquor, milk powder, and pharmaceuticals. Xu Kunlin, director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, also said that petroleum, telecommunications, automobiles, and banks will all be within the scope of investigation in the future. Have the three antitrust agencies made order arrangements for key areas and key industries?
Huang Yong:It has been the fifth anniversary of the implementation of China’s Anti-Monopoly w88 online sports betting. It can be said that the enforcement of the three w88 online sports betting enforcement agencies has entered a normal state.
The petroleum, telecommunications, banking and other industries mentioned by Director Xu of the National Development and Reform Commission are all traditional monopoly industries. They are not only directly and closely related to the daily lives of ordinary people, but also radiate and affect the operation and development of a large number of enterprises. Although these industries have controls on market access and pricing mechanisms, there is still room for the application of antitrust laws. Not only that, these industries themselves are areas of concern for reform, and active antitrust w88 online sports betting enforcement can also promote the reform of regulated industries.
Looking at the Ministry of Commerce’s Anti-Monopoly Bureau’s review of concentration declarations, as long as the concentration meets the declaration standards, operators must report it. In practice, there is not much subjective judgment on the focus of w88 online sports betting enforcement. From the perspective of implementation effects, the Ministry of Commerce has8month1Received on the day750There are more than 10 anti-monopoly filing cases for corporate mergers and acquisitions, among which690A number of cases have been filed for investigation, including major cases with major international influence, as well as cases related to mobile phone communications, beverages, computer hard drives, etc. that are closely related to people's lives.
In addition, while integrating local w88 online sports betting enforcement forces, improving the professionalism of w88 online sports betting enforcement and optimizing the construction of w88 online sports betting enforcement platforms, the State Administration for Industry and Commerce has also begun to investigate major cases such as Tetra Pak's alleged monopoly. In short, it can be expected that in the future, antitrust w88 online sports betting enforcement will have both focused and regular attention on all walks of life. Therefore, companies should pay attention to compliance with antitrust laws.
"Southern Window": The three agencies have a clear division of labor. What are the characteristics of their respective w88 online sports betting enforcement? Has there been a consensus formed in the past five years?
Huang Yong:At an international seminar at the beginning of this year, I summarized the characteristics of the three institutions. Judging from the number of w88 online sports betting enforcement and the influence of cases, the National Development and Reform Commission is booming and has a strong momentum; the Ministry of Commerce ranks first in the number of cases handled and is advancing rapidly; the Industrial and Commercial Bureau is immersed in handling cases and working hard to practice its internal skills. In fact, the external environment of antitrust w88 online sports betting enforcement agencies has not been optimistic in recent years, and they have grown more in adversity.200815511_15632GDP's measures replace the market mechanism with mandatory administrative power for resource allocation, so that commodities, funds, labor, technology, information and other elements cannot truly flow to those fields and enterprises with market competitiveness. In this sense, the Anti-Monopoly w88 online sports betting was born at the wrong time. Faced with the difficulties, the three w88 online sports betting enforcement agencies also expressed their attitude through actions.
"Southern Window": Anti-administrative monopoly may face greater resistance. In the past five years, only the Guangdong Provincial Administration for Industry and Commerce has investigated and dealt with publicly reported casesGPSA case of administrative monopoly.
Huang Yong:Indeed, China’s Anti-Monopoly w88 online sports betting also carries an important function, which is to promote the further maturity of marketization. In addition to the regulation of the three economic monopoly behaviors of conventional monopoly agreements, abuse of market dominance and concentration of operators, it also has anti-administrative monopoly duties. This is clearly stated in Chapter 5 of the Anti-Monopoly w88 online sports betting, which prohibits the abuse of administrative power to eliminate or restrict competition. The special chapter on administrative monopoly is one of the distinctive features of China's anti-monopoly w88 online sports betting that is different from that of mature market economy countries. This special arrangement of legislation also shows the particularity and importance of administrative monopoly issues in China.
Since the 1980s, the central government has been emphasizing the importance of breaking regional blockades and issued a large number of policy documents. Some time ago, the State Council issued a special document requesting the implementation of relevant work. However, it can be seen that the effect of breaking regional blockades through documents in our country is not obvious. In fact, the Anti-Monopoly w88 online sports betting has detailed and systematic provisions for regulating administrative monopolies and regional blockades, which can provide powerful weapons and legal guarantees for dismantling regional blockades. The central government should incorporate the Anti-Monopoly w88 online sports betting into its comprehensive measures to rectify regional blockades, demonstrate its effectiveness, and help build and improve a unified, open, competitive, and orderly national market.
I have recently suggested to the anti-monopoly w88 online sports betting enforcement agencies that administrative monopoly should be the focus of the next investigation and punishment. Antitrust w88 online sports betting can be used as a legal weapon for the central government to break vicious competition among local governments and reduce short-sighted economic behavior. For w88 online sports betting enforcement agencies, there will definitely be resistance. After all, they are only agencies under ministries and commissions. In terms of legal design, although Chapter 5 of the Anti-Monopoly w88 online sports betting has enumeration and expression of relevant legal provisions, the legal liability provisions for the entities implementing administrative monopoly are very weak. Article5118580_18803
Competition policy should be elevated to a basic economic policy
"Southern Window": The coverage of antitrust will become wider and wider, and it cannot be accomplished by w88 online sports betting enforcement agencies alone. Do regulatory authorities in specific industries also need to provide some support and cooperation?
Huang Yong:The Anti-Monopoly Commission of the State Council now has15member units, including almost all industry regulatory authorities. But the current situation is that industry authorities are more keen on formulating industrial policies, and fiscal subsidies and priority loans from banks obviously should not overwhelm or even replace the market-oriented choices of enterprises. It can be said that the current competition policy is on the edge of the entire official economic policy tool set. In the process of managing the economy, the government relies too much on administrative means, which will definitely lead to inefficiency in resource allocation. The leading role of the government should never be to provide special products for specific groups of operators, but to provide public goods such as an excellent market environment with the market competition mechanism as the core. Industrial policies are often short-term or time-limited, and are government-led and mostly administrative. Competition policy is a long-term mechanism. It is market-oriented, operates in accordance with market rules, and uses the rule of w88 online sports betting. The difference between the two is obvious. Since the dissolution of the planned economic system, industrial policy has long replaced competition policy. Therefore, the Anti-Monopoly w88 online sports betting is far from playing the role of an "economic constitution" in mature market economy countries.
General Provisions of the Anti-Monopoly w88 online sports betting9Article 21397_21518| stipulates the responsibilities of the Anti-Monopoly Committee of the State Council, two of which are very important: formulating competition policies, assessing the overall competition situation in the market, and issuing assessment reports. However, so far, the Anti-Monopoly Commission has not released a relevant report. Therefore, in addition to anti-monopoly enforcement, the next step should also be to make an overall assessment of the overall market and competition in key industries, and to cooperate with the country's overall reform.
Economic transformation requires not only deregulation, but also the choice of new policy priorities after deregulation—in the long run, direct economic intervention through industrial policy should be gradually weakened, and competition policy should be regarded as the basic policy in the field of market economy. The basic status of competition policy is reflected in the fact that competition policy must become an important goal and basis for the government to formulate policies. When formulating other policies, the government must consider whether it is consistent with competition policy and whether it is conducive to the formation and maintenance of a competition mechanism. In terms of institutional and organizational guarantees, in addition to formulating and implementing competition policies, the antitrust authorities should be given the power to review and regulate other policies. It can be said that whether the status of competition policy can be established and whether competition policy can be effectively implemented has become a key factor in my country's economic transformation. As the most important carrier of competition policy, antitrust w88 online sports betting is the most important carrier of competition policy. Its comprehensive and steady implementation plays an extremely important role in exerting and ensuring the effectiveness of competition policy. Competition policy should be elevated to my country's basic economic policy and be the focus of the government's next work, changing my country's long-standing practice of focusing on industrial policy and neglecting competition policy.
The value of "fighting the tiger" lies in showing the power, but also in reassessing the value
"Southern Window": In terms of anti-monopoly legislation, a comprehensive legal system has now been formed, which takes the main form of laws, administrative regulations, departmental rules, judicial interpretations, and local legislation and includes more than ten laws and regulations. How to evaluate the completeness of relevant laws?
Huang Yong:I don’t think it’s enough. The Anti-Monopoly w88 online sports betting only8Chapter57Article, in the process of legislative research, we translated millions of words of relevant materials from the United States and the European Union alone. This w88 online sports betting has been implemented for more than five years. It is recommended that the National People’s Congress launch a major inspection of w88 online sports betting enforcement to prepare for the legislative interpretation of the Anti-Monopoly w88 online sports betting and even future revisions. The completeness of the legal system of the Anti-Monopoly w88 online sports betting is certainly important, but what is more important at present is that the w88 online sports betting enforcement must be professional. Because antitrust is ultimately about using public power to directly interfere with private rights. In the legal concept of a market economy, we must be very cautious and professional. Antitrust w88 online sports betting enforcement is not a simple black-and-white judgment. Now, only for a very small number of core cartels, international practice is adopted and the "per se illegality principle" is adopted. That is, as long as there is evidence of the existence of relevant behaviors, competition harm can be directly judged and quickly characterized. In addition, things like abuse of market dominance and concentration of operators actually require a professional judgment. What we have repeatedly emphasized and been calling for is: enforcement cannot be excessive, let alone replace competition; antitrust protects the competitive landscape, not competitors. Take the United States as an example. In recent years, many departments have had their budgets cut on public finance issues. However, the budget of competition w88 online sports betting enforcement departments has not decreased but increased. This is precisely because the anti-competitive effects and pro-competitive effects of suspected illegal acts must be fully and thoroughly evaluated and weighed, and public power must be used very cautiously. The government cannot brutally crack down on new business models and business models.
In addition, there are many vague provisions that need to be resolved. For example, according to the Anti-Monopoly w88 online sports betting, if an operator violates the provisions of this w88 online sports betting, reaches and implements a monopoly agreement, or abuses its market dominance, the anti-monopoly w88 online sports betting enforcement agency shall order it to stop the illegal behavior, confiscate the illegal gains, and impose a fine of not less than 1% but not more than 10% of the previous year's sales. In fact, there are no clear regulations on what illegal income is, how to calculate it, whether sales refers to the products involved or all, global or regional sales. It can be said that the entire w88 online sports betting still leaves a lot of room for interpretation. The State Administration for Industry and Commerce is currently formulating regulations on intellectual property antitrust, and the problem is more complicated. Professionalism is indeed a challenge facing antitrust enforcement.
"Southern Window": How to evaluate the current anti-monopoly effect? Is "fighting the tiger" serious? Such as the National Development and Reform Commission201126152_26183
Huang Yong:Although the case has not yet been concluded, China Telecom and China Unicom have promised to reduce tariffs and broadband access fees after being investigated by antitrust authorities. Consumers have enjoyed some benefits. I personally believe that the so-called "tiger hunting" is effective in demonstrating the power of the Anti-Monopoly w88 online sports betting. The Anti-Monopoly w88 online sports betting applies to all enterprises and will certainly affect traditional monopolistic industries involving huge interests. In the past, state-owned enterprises were relatively unfamiliar with the Anti-Monopoly w88 online sports betting, and some suspected illegal behaviors were still regarded as legitimate by some enterprises and industry associations. For example, when the industry was in recession, some industry associations would "stand together" and coordinate prices. Now, only after several influential investigation cases have occurred, monopoly industries and local state-owned enterprises have begun to pay attention to this issue.
In addition, through the investigation of suspected monopoly industries, it can cause and promote decision-makers to re-understand the industry regulatory system. "Big Tiger" itself is a state-led monopoly. In the process of regulatory system reform, although the state has been balancing and adjusting the safety, efficiency and marketization of industries related to the national economy and people's livelihood, such as the north-south division of monopoly industries and the separation of power generation and power grids, a new monopoly pattern has now been formed. Therefore, 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. (Reporter Zhang Moning)
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