w88 casino protects China’s economic transformation
——Exclusive interview with Professor Huang Yong, deputy leader of the Expert Advisory Group of the w88 casino Commission of the State Council
(Source: "Legal Daily"2013-8-14 Reporter: Hou Jianbin)
2008Year8month18823_8861Professor Huang Yong, deputy leader of the expert advisory group of the Anti-Monopoly Committee of the State Council and director of the Competition Law Center of the w88 casino, said in an exclusive interview with a reporter from Legal Daily, China's antitrust law enforcement is currently developing in depth. Government departments, enterprises, and consumers should further deepen their understanding of the market competition mechanism, cultivate competition awareness and culture, and actively promote the effective implementation of antitrust laws, in order to safeguard the transformation and upgrading of China's economy.
In the past five years, w88 casino enforcement has gone through a series of major evolutions from scratch, from immaturity to maturity. w88 casino has begun to play an important role in China's economic life.
Legislation and law enforcement go hand in hand and their influence is increasingly evident
In the five years since the w88 casino came into effect, rapid progress has been made in legislation, and a comprehensive legal system has been formed that takes the main forms of laws, administrative regulations, departmental rules, judicial interpretations, and local legislation and includes more than ten laws and regulations. So far, in addition to the w88 casino, the State Council has promulgated the "Regulations of the State Council on the Standards for Notification of Concentrations of Undertakings", the "Guidelines of the State Council Anti-Monopoly Commission on the Definition of Relevant Markets", and the National Development and Reform Commission has promulgated2Ministry and departmental regulations, the Ministry of Commerce has promulgated six ministry and departmental regulations, and the State Administration for Industry and Commerce has promulgated5Ministry and departmental regulations, the Supreme People's Court has promulgated judicial interpretations, and at the local level there are local legislations such as the "Liaoning Provincial Administration for Industry and Commerce Provisions on the Procedure for Transferring Clues in Monopoly Cases". In addition, several regulations and guidance are in the process of being developed. It can be said that antitrust law has become a complete and complex system of departmental laws that is rare in domestic law.
The w88 casino administrative law enforcement departments include the National Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce. National Development and Reform Commission in201110998_110968month1Received on the day750w88 casino filing cases for corporate mergers and acquisitions, among which690A case was filed for investigation, a total of one was banned, and conditions were approved18, among which there are not only major cases with major international influence, but also cases related to mobile phone communications, beverages, computer hard drives, etc. that are closely related to people's lives. On the occasion of the fifth anniversary of the w88 casino, the State Administration for Industry and Commerce opened a platform for publishing monopoly cases and announced a total number of23Investigation cases that have been completed12Details of the case, and officially announced the launch of an antitrust investigation into the abuse of market dominance by Swiss Tetra Pak, the world's largest packaging industry giant.
Since this year, the Guangdong Provincial Court and the Shanghai Municipal Court have heard Huawei v. Interactive Digital Company and Qihoo respectively36011764_11797
When this law was promulgated, the media and the public paid very high attention, but how to implement and use the law, in terms of cases, was really very few at the beginning. In the past two years, as the business power of law enforcement agencies has increased, law enforcement efforts have increased, especially the enforcement of hot cases that have attracted high social attention and cases that affect people's daily lives has touched key points. Such cases play a very good publicity role in antitrust laws and show that law enforcement agencies are actively applying the law. Relevant civil litigation has also changed from the original nature of public interest litigation to a lawsuit for substantive damages, reflecting the gradual strengthening of the importance of courts in resolving antitrust civil disputes. This enhancement and transformation demonstrates that the influence of antitrust law on my country's social and economic life is significantly increasing.
Problems and challenges exist at the same time, continue to move forward calmly
In the context of slowing economic growth, some local governments have launched huge investment plans such as the "New Four Trillion" to cope with the downward pressure on the economy. Governments at all levels adopt short-term improvements driven by performance goalsGDP's measures use coercive force to replace the market mechanism for resource allocation, so that commodities, funds, labor, technology, information and other elements cannot truly flow to those fields and enterprises with market competitiveness.
w88 casino can be used as a legal weapon for the central government to break vicious competition among local governments and reduce economic short-sighted measures. Chapter 5 of the w88 casino specifically stipulates the regulation of administrative monopoly, clarifying that government departments at all levels must not abuse administrative power to exclude or restrict market competition. The use of antitrust laws to restrict local governments from undue interference in market competition can limit the relevant economic measures of local governments to the scope of resource allocation consistent with market mechanisms.
The special chapter on administrative monopoly is one of the distinctive features of China’s w88 casino that is different from that of Western countries. This special arrangement of legislation also shows the particularity and importance of administrative monopoly issues in China. As an improper intervention in the market relying on administrative power, administrative monopoly has a strong corrosive and destructive effect on the healthy operation of the market economy.20century70Since China launched its reform and opening up at the end of the 1990s, administrative monopoly has been threatening the healthy development of China's economy, and the regulation of administrative monopoly has never left people's sight along with the process of reform and opening up.
However, we regret to see that so far, except2011Year7Except for the case in which a municipal government in Guangdong Province forcibly promoted a company's satellite positioning car driving recorder announced by the State Administration for Industry and Commerce in March, there are no other administrative monopoly cases that have been publicly investigated, and the court system has not accepted public reports of administrative monopoly cases.
The w88 casino has been promulgated and implemented. In our daily economic life, we still find that there are a large number of open and obvious cases of violations of the w88 casino. These phenomena show that our antitrust enforcement work and the cultivation of competition awareness and culture still have a long way to go.
Promoting economic transformation through competition is a long and arduous task
The extensive growth model in my country's economic development process has complex reasons. One of the important reasons is the lack of fair market competition order, and the role of the market as the main means of resource allocation has not been guaranteed and fully reflected. In an imperfect market environment, the business behavior of enterprises tends to be short-sighted, and they are unable to truly conduct refined and sustainable operations from the aspects of continuous innovation, improvement of management, and improvement of efficiency.
China is currently in a period of transformation. In the past, the understanding of the market, especially the understanding of competition rules, by the government and enterprises, is still very lacking. Even now, it can be seen from the media that some suspected illegal behaviors are still considered legitimate by some enterprises and industry associations. For example, when the industry is in recession, some industry associations will "group together for warmth" and coordinate prices. This shows that the understanding of competition rules by industries and enterprises still needs to be improved, and the cultivation of competition culture is a task that requires long-term and unremitting efforts.
The w88 casino encourages market entities to continuously innovate, improve management and improve efficiency by cracking down on and suppressing monopolistic behavior, which helps the economic growth pattern develop in a sustainable and intensive direction.
If China's economy wants to further develop and the economic system needs to complete its transformation, competition policy should be regarded as a basic policy and the focus of the government's next work, changing my country's long-standing practice of focusing on industrial policy and neglecting competition policy. 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 law. The difference between the two is obvious.
The w88 casino is actually a major means to implement competition policy. To realize the fundamental role of competition policy, we must first further open up market access. To put it simply, most fields should be open to all enterprises, rather than setting different entry thresholds based on ownership. Secondly, all competitors must be given an equal competitive environment, including taxation, credit, land acquisition, government procurement, access to resources, etc., and in particular, there must be the awareness and determination to allow state-owned monopoly industries or enterprises to participate in competition on an equal footing. Finally, it needs to be particularly emphasized that to achieve a market economy, it must be guaranteed by the rule of law.
Under the framework of the w88 casino, various types of enterprises can only compete fairly by strengthening innovation, improving management, and improving efficiency, so that the international competitiveness of Chinese enterprises and products can be truly enhanced. National Development and Reform Commission in2011Nianhe201217428_17513
In the past five years, antitrust work has progressed rapidly and its influence is increasing day by day. While we objectively evaluate the achievements, we should also look at the relevant problems and deficiencies calmly. In particular, the construction of China's socialist market economy is facing an important proposition in the transformation of economic growth mode. As the general economic law department, the w88 casino should play an important role in the overall transformation and upgrading of the economic structure, promote the optimal allocation of resources and the continuous innovation of market entities by ensuring a fair and free competitive environment, and ultimately contribute the power of the rule of law to the well-being of the entire society and consumers.
Attached report link:
http://epaper.legaldaily.com.cn/fzrb/content/20130814/Articel09002GN.htm
Reprinted by China Changan Network:
http://www.chinapeace.org.cn/2013-08/14/content_8597692.htm
Reprinted by Global Network:
http://finance.huanqiu.com/data/2013-08/4242254.html
Reprinted by Zhongcai.com:
http://www.cfi.net.cn/p20130814000760.html
Reprinted by China Legal Popularization Network:
http://www.legalinfo.gov.cn/pfkt/content/2013-08/14/content_4765014.htm?node=7908
