The industry association leading the price alliance was also punished

　　8month1Day is the implementation of my country’s w88 casino games Law5On the anniversary day, as one of the scholars who participated in the formulation of this law,Huang Yong, deputy leader of the expert advisory group of the Anti-Monopoly Committee of the State Council and professor at the w88 casino, the company has independent pricing power, which is one of the greatest rights for business operations. However, according to the w88 casino games Law, if competing operators reach a monopoly agreement, including fixing or changing commodity prices, limiting the production or sales quantity of commodities, dividing the sales market or raw material procurement market, etc., it is suspected of serious violations. “Whether competing companies have colluded to set prices together is one of the criteria for determining whether this case is suspected of being a monopoly. ”

According to Article of the w88 casino games Law46Article 10696_10799| Article 10696 ”

At the same time, “If an operator takes the initiative to report to the w88 casino games law enforcement agency the relevant circumstances of reaching a monopoly agreement and provides important evidence, the w88 casino games law enforcement agency may reduce or exempt the operator from penalties as appropriate. ”

In response to this review by the National Development and Reform Commission5For the tens of millions of fines issued by Jiajin Store, some public opinion believes that the punishment is relatively "gentle".

　　Huang Yongstated that factors such as the impact of merchants’ monopolistic behavior on competition, the amount involved, and the degree of cooperation with law enforcement agencies need to be considered. Antitrust law enforcement agencies can have discretion based on individual case circumstances.

　　Huang YongZeng said that China's "w88 casino games Law" itself is a principled law, and many issues including legal interpretation will gradually emerge during the enforcement process, such as what is illegal income and how to calculate it; fines equal to the company's sales in the previous year1%~10%, how to explain the sales here? Is it global or in the region involved? Are the related products involved in the case or company-owned products? The law does not clearly explain these, which is a series of basic issues that plague law enforcement agencies in trying cases.

Some people in the industry believe that this case is of representative significance because industry associations have also begun to include price antitrust penalties.

In this regard, Article of the w88 casino games Law46Article 13082_13167| has corresponding provisions: “If an industry association violates the provisions of this Law and organizes operators in the industry to reach a monopoly agreement, the w88 casino games law enforcement agency may impose a fine of not more than 500,000 yuan; if the case is serious, the social group registration management agency may cancel the registration in accordance with the law. ”

　　Huang Yongpointed out that industry associations, as subjects governed by the w88 casino games Law, are also the hotbed of cartel behavior (a form of monopoly organization) and are the focus of w88 casino games laws in various countries. Industry associations are not operators, but cartel agreements reached through industry association platforms, or cartel agreements led by industry associations, have the same effect as cartel agreements formed by industry merchants themselves.

"Industry associations can value jewelry, but they cannot set prices." Jin Dehuan, a professor at Shanghai University of Finance and Economics, believes that the key to curbing the rise of price alliances is to revoke the pricing function of industry associations. It is necessary to standardize the functions of industry associations and separate the interests of industry associations from corporate interests.

"Horizontal agreement monopoly itself causes great damage to competition, and it is not effective in the implementation of the w88 casino games Law5After years, they are still breaking the law knowingly. I personally think that the National Development and Reform Commission should severely punish these gold shops. Shi Jianzhong, a professor at China University of Political Science and Law and an expert on the expert advisory group of the w88 casino games Commission of the State Council, said in an interview with reporters.

There are three price management methods in our country: government pricing, government-guided price, and market pricing. Gold jewelry belongs to market pricing and is a competitive price. Shi Jianzhong said that any price agreement or price alliance reached by an industry association violates the w88 casino games Law and constitutes a horizontal monopoly agreement. "Market pricing should be voted by consumers with their feet, but90%'s gold jewelry merchants have joined, resulting in a greatly reduced choice for consumers. ”

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