The meeting minutes designated the operator, and the industrial and commercial authorities exercised their right to make suggestions for the first time
The "Anti-Monopoly Law" targets local governments to exclude and restrict competition
——Records of Guangdong Provincial Administration for Industry and Commerce’s Investigation into Abuse of Administrative Power to Eliminate and Restrict Competition
Source: "China Business News"2011Year07month27日 Reporter: Zhou Ping Pan Chuanlong
Editor’s note In investigating the abuse of administrative power to eliminate or restrict competition, industrial and commercial authorities directly face administrative agencies and organizations authorized by laws and regulations to manage public affairs. During the investigation process, they will inevitably encounter pressure and resistance from all parties. Since coercive measures cannot be used to investigate monopolistic behavior, what kind of law enforcement strategies and techniques should be adopted, how to ensure the smooth progress of the investigation work, and how to effectively collect and fix evidence are the focus and difficulties of the investigation work.
In the investigation of this case, the law enforcement officers dared to confront the situation head-on, were courageous and knowledgeable, and conducted a large amount of peripheral data collection and research work in the early stage. They had an in-depth understanding of the background, specific requirements, local practices, etc. regarding the mandatory promotion and application of satellite positioning vehicle driving recorders, thus locking the focus of investigation and evidence collection, and based on the key points, an investigation plan was formulated by the province and city, first from the outside before the inside, and from the enterprise before the w88 casino, which ultimately allowed the case investigation to proceed smoothly. For the first time, the Guangdong Provincial Administration for Industry and Commerce exercised its power of recommendation in accordance with the Anti-Monopoly Law, giving the whole society a vivid anti-monopoly legal lesson. The courage is commendable and the methods can be learned. We hope that the national industrial and commercial systems can learn from it, strengthen market supervision more efficiently, and further promote the in-depth development of anti-monopoly law enforcement.
Recently, several special visitors came to the Guangdong Provincial Administration for Industry and Commerce, and they expressed their gratitude with two banners.
After the implementation of the "Anti-Monopoly Law", my country's industrial and commercial authorities were the first to make recommendations based on the "Anti-Monopoly Law" to correct cases where local governments abused their administrative power to exclude or restrict competition. Lawyer Zhang Tianzhen, a corporate attorney, told reporters excitedly: " The Guangdong Provincial Administration for Industry and Commerce has done a lot of work during the investigation of the case. The investigation and evidence collection are rigorous, objective, and action-oriented. With the vigorous promotion of the industrial and commercial authorities, the Guangdong Provincial w88 casino decisively corrected the inappropriate behavior of the lower-level governments, respected the law, and protected a fair competitive market environment.”
Ning Wanglu, Director of the Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of the State Administration for Industry and Commerce, spoke highly of the settlement of this case. He believes that from the perspective of legislative purposes, my country's inclusion of abuse of administrative power to exclude and restrict competition within the scope of the Anti-Monopoly Law not only takes into account the actual situation of our country in a transition period, but also demonstrates the determination of our w88 casino to handle such cases.
Meeting minutes triggered complaints of abuse of administrative power
Everything is business as usual.2010Year1month812520_125972010Year6Issue” will be issued to relevant departments for implementation.
However, this seemingly ordinary meeting minutes turned out to be a local carGPS(Global Positioning System) The trigger of chaos in the operating market.
In the minutes of the meeting, the municipal w88 casino clearly designated the satellite positioning car driving monitoring platform built by New Spacetime Navigation Technology Co., Ltd. (hereinafter referred to as New Spacetime Company) as a municipal monitoring platform, and required several other companies in the cityGPSOperators must upload the monitoring data information of their vehicles to the New Spacetime Company platform. Afterwards, based on the minutes of the meeting, the city’s Price Bureau approved New Spacetime Company’s approval of other productsGPSThe operator charges per vehicle per month no more than30yuan data access service fee.
2010Year5month1214156_14228
2010Year11month1114679_147092010Year7914767_14821
This series of meeting minutes and documents are like huge rocks, breaking the local areaGPSThe operating market is calm.
2011Year1month26Day, the city's Yiliu Technology Co., Ltd., etc.3Home carGPSThe operators jointly complained to the Guangdong Provincial Administration for Industry and Commerce, reflecting that the municipal w88 casino was forcing the promotion of automobilesGPSAdministrative behavior at work is suspected of abusing administrative power to exclude and restrict competition.3month25Day,3A company filed an administrative review with the Legal Affairs Office of the Guangdong Provincial People’s w88 casino regarding the above-mentioned administrative actions of the municipal w88 casino.
The Economic Inspection Bureau of the Guangdong Provincial Administration for Industry and Commerce attached great importance to receiving the complaint materials. After multiple visits and investigations, it eliminated numerous obstacles and finally found out the truth of the matter.
The municipal w88 casino has behaviors that restrict competition
Forced promotion of applicationsGPS, is an important measure taken by the Guangdong Provincial w88 casino to strengthen road transportation safety management.2009Year3In March, the Guangdong Provincial w88 casino required road dangerous goods transport vehicles across the province7Class vehicles must be in2010All installed and used before the end of the yearGPS, and transmit relevant monitoring data to provincial and municipal monitoring platforms in real time. The Office of the Guangdong Provincial Work Safety Commission issued a special notice requiring each city to "define a regulatory department to build and improve a data receiving benchmark platform."
Industrial and commercial law enforcement officers investigated and found that as of2010At the end of the year, the city had a total ofGPSOperator11operators, including New Spacetime Company, Weiba Company, Yiliu Company and other operators have established enterprise monitoring platforms. Before determining that the monitoring platform built by New Spacetime Company was a municipal platform, all the city’sGPSThe vehicle monitoring information managed by the operator is directly uploaded to the provincial monitoring data center. Due to the inappropriate intervention of the city w88 casino, the local w88 casino was seriously damagedGPSThe market competition pattern of operators.
First of all, New Spacetime Company isGPSOne of the operators, which does not have w88 casino administrative functions, uses the satellite positioning vehicle driving monitoring platform invested and constructed by itself as a municipal monitoring platform, which is actually limited to othersGPSThe operator accepts the data reception, uploading and distribution services provided by New Spacetime Company.
Secondly, New Space-time Company’s influence on other people in the cityGPSOperator advance payment2011Per vehicle per month in the second half of the year30Yuan data access service fee, otherwise, othersGPSThe operator's data cannot be accessed to the municipal monitoring platform. This causes otherGPSWhen operators accept w88 casino supervision, they have to accept paid services provided by New Spacetime Company.
Finally, the city w88 casino required the city traffic police department to take coercive measures against vehicles that failed to upload monitoring data to the New Spacetime platform and would not pass the vehicle annual inspection, turning New Spacetime Company into something elseGPSThe object that operators must rely on for normal operations has seriously damaged the city’s carsGPSThe competitive landscape of the operation service market.
The industrial and commercial authorities’ suggestions are supported in accordance with the law
The industrial and commercial authorities determined that the administrative actions of the municipal w88 casino exceeded the legal authority and relevant policy requirements of superiors, interfered with the normal business activities of enterprises, resulted in the elimination and restriction of competition, violated the provisions of the Anti-Monopoly Law, and constituted the abuse of administrative power by administrative agencies to exclude and restrict competition.
The "Regulations on the Administration of Industry and Commerce on Preventing the Abuse of Administrative Power to Eliminate or Restrict Competition" (Order No. 55 of the State Administration for Industry and Commerce) stipulates that when local people's governments at or below the provincial level and their affiliated departments abuse their administrative power to eliminate or restrict competition, they may make recommendations to the relevant higher-level authorities to handle the matter in accordance with the law. Under the guidance of the State Administration for Industry and Commerce, the Guangdong Provincial Administration for Industry and Commerce formally made recommendations to the Guangdong Provincial w88 casino to “correct the above-mentioned abuse of administrative power by the municipal w88 casino to eliminate and restrict competition in accordance with the law.”
2011Year6month1221576_21708GPSThe competitive landscape of the operating market.
The first case is of great significance
Sheng Jiemin, director of the Institute of Economic Law at Peking University and doctoral supervisor, told reporters that some people think that the Anti-Monopoly Law prohibits the abuse of administrative power to exclude or restrict competition is unnecessary. It turns out that this provision is very important.
Director and doctoral supervisor of the Competition Law Center of the w88 casinoShi Huang YongProfessorbelieves that this case is of great significance. He hopes that local governments will have a clear understanding of the Anti-Monopoly Law through this case and enhance their awareness of law-abiding and law-abiding administration. He also pointed out that this case also exposed the flaws in the legal liability provisions in Chapter 5 of the Anti-Monopoly Law. The industrial and commercial authorities only have the right to make recommendations on illegal activities of w88 casino departments. If the local w88 casino does not cooperate, the industrial and commercial authorities have no recourse and the legitimate rights and interests of enterprises cannot be protected.
Ning Wanglu, director of the Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of the State Administration for Industry and Commerce, said that to solve the problem of abuse of administrative power to eliminate or restrict competition, we cannot rely entirely on one law or one department. The w88 casino and all sectors of society should enhance their awareness of anti-monopoly laws and administer in accordance with the law. Only in this way can we create a market environment of fair competition and ensure the healthy development of the market economy and the long-term stability of the country.
Attachment: Original report:
http://www.cicn.com.cn/content/2011-07/27/content_102134.htm
Related links:State Administration for Industry and Commerce website
