Experts say China’s antitrust weakness lags far behind Europe and the United States

Sina Financial News 1month4Daily newsRecently, the National Development and Reform Commission issued regulations on South Korea’s Samsung,LGetc.6Issued by an overseas LCD panel manufacturer3.53A huge fine of RMB 8474_8551|Experts said that this incident has a strong positive significance, but China’s antitrust power is weak, and it lags far behind European and American countries in terms of technical means, staffing, investigation experience, and evidence collection capabilities.

　　China’s fines for the same case are much lower than those of European and American countries

Korea Samsung,LG, Chimei, AUO, Chunghwa Picture Tubes, Hannstar Color Crystal in Taiwan6LCD panel manufacturers, these companies account for 80% of the world's LCD panel market share. The National Development and Reform Commission said that in2001Year to Year20069710_97562100 million yuan.

The National Development and Reform Commission orders the companies involved in the case to refund the overpayments paid by domestic color TV companies1.72100 million yuan, confiscated367510,000 yuan, fine1.44100 million yuan, total amount of economic sanctions3.53Billion yuan. Among them, Samsung1.01billion yuan,LG1.18100 million yuan, Chimei9441Ten thousand yuan, AUO2189Ten thousand yuan, Chunghwa Picture Tubes1620Ten thousand yuan, HannStar Color Crystal24Ten thousand yuan.

Compared with the United States, the European Union, and South Korea, regarding the same illegal facts, China’s610958_109806Companies were fined in total12.15100 million US dollars, still right3of companies9executives were held criminally liable; the EU fined the companies involved in the case in total6.48billion euros; the total fines imposed by South Korea are1940100 million won.

The relevant person in charge of the National Development and Reform Commission also explained this, saying that because the United States and the European Union punished this case in accordance with the anti-monopoly laws of that country, the base of the fine was the sales volume of the company involved, and the amount of the fine was relatively large. Our country punishes the price monopoly behavior in this case in accordance with the Price Law, and the base amount of the fine is the illegal income of these enterprises.

　　Huang Yong, Director of the Competition Law Research Center of the w88 casinoExplanation, in accordance with Article of the Anti-Monopoly Law4612159_122191%Above10%The following fines.

Since China had not promulgated the Anti-Monopoly Law during the time involved, the National Development and Reform Commission cited the relevant provisions of the Price Law. Article4012729_12800

　　“2001Year to Year2006The market share of LCD panels in mainland China is still relatively small, and the base is already small. Calculated according to the "Price Law", the final fines will definitely not be as high as those in European and American countries.”Huang Yongrepresents.

China’s antitrust power is weak

　　Huang Yongbelieves that although China has taken an important step in anti-monopoly against overseas companies, China's anti-monopoly power is still very weak. Since this case is global, and countries such as Europe and the United States have already conducted investigations and issued penalties, it has become less difficult for China to investigate and collect evidence. Huang Yong believes that with China’s current staffing, technical means and investigation experience, China is still unable to compete with European and American countries in terms of antitrust investigations.

　　“Foreign antitrust law enforcement experience has exceeded100Over the years, a large number of cases have been investigated and dealt with, and a lot of experience has been accumulated. The Anti-Monopoly Law is also called the Economic Constitution.”Huang Yongsaid that in comparison, China is one of the last countries in the world to start anti-monopoly, and its understanding of anti-monopoly is still very insufficient.

　　Huang YongIntroduction, in the United States, antitrust is mainly responsible for the two major agencies: the Federal w88 Commission and the Antitrust Bureau of the Department of Justice. The law enforcement team reaches a thousand people, and antitrust investigations can be joint.FBICarry out investigations together, and law enforcement entities can even arrange insiders in the company. However, China's anti-monopoly law enforcement entities, whether they are the National Development and Reform Commission, the Ministry of Commerce or the Industry and Commerce Bureau, are very weak in terms of personnel. Among them, the National Development and Reform Commission, which is the most powerful, currently has less than 100 people.40People are obviously different from European and American countries.

Deloitte Consulting(Shanghai)Zhang Tianbing, a partner of 16123_16234| Co., Ltd., believes that anti-monopoly is a means to follow the rules of the global game. China lags behind countries such as Europe and the United States. On the one hand, this is because the Chinese system itself started from state monopoly, and the understanding of market monopoly itself is backward; on the other hand, China lacks relevant research on market monopoly behavior, the ability to track evidence collection, and the ability to trace laws.

Although it started late, China drew on many foreign experiences when formulating the Anti-Monopoly Law, such as the introduction of the surrender system, Article 1 of the Anti-Monopoly Law4616678_16745

This system has played a major role in antitrust investigations of foreign LCD panels.“For Samsung,LGThis kind of case involving a secret price alliance abroad is very difficult to investigate. The surrender system is to disintegrate the alliance from within and facilitate the acquisition of key evidence.”Huang YongIntroduction.

When the United States, the European Union and other countries and regions investigated the case, Samsung bravely surrendered and was exempted from punishment, while AUO blindly refused to admit antitrust and was eventually fined nearly a total of nearly7billion, two former AUO executives were also sentenced to three years in prison each. This time in China, AUO took the lead in pleading guilty and took the initiative to report it to the National Development and Reform Commission2001New Year's Eve2006Year and other5Two LCD panel companies participated in price monopoly behavior, and the case has since achieved a major breakthrough.(Shu Jing from Beijing)

Attachment: Original report link

http://finance.sina.com.cn/china/20130104/143914184156.shtml