Compilation Press:The National Development and Reform Commission issued the just-issued "Anti-w88 slot Provisions" and "Anti-w88 slot Administrative Enforcement Procedure Provisions" to2011year2month1Starting from dayImplementation. Recently, "CCTV", "21Century Economic Report and other media reporters interviewed the director of the Competition Law Center of w88 casino on the significance of the promulgation of these two regulationsRen HuangyongProfessor, reprinted by many media.
National Development and Reform Commission issued anti-w88 slot regulations
(《21Century Economic Report》Hu YaJun Beijing report 2011-01-04 23:50:15 )
Core tip: "This gives the industry association a clear signal. If there are any price limit orders, unified prices, etc. in the future, they will face administrative penalties."Foreign Economic and w88Yi UniversityProfessor Huang Yongrepresents.
Recently, the National Development and Reform Commission issued the "Anti-w88 slot Provisions" and the "Anti-w88 slot Administrative Enforcement Procedure Provisions". These two administrative regulations will be2011year2month1Starting from dayImplementation.
In the interview, many economic law experts said that the promulgation of these two regulations has substantively and procedurally refined the provisions on w88 slot in the Anti-Monopoly Law, making it operable, and standardizing the government's administrative enforcement of w88 slot. At the same time, it provides a legal basis for operators, industry associations, etc. to regulate their own behavior.
Huang Yong, Director of the Competition Law Center of the w88 casinostated that due to the promulgation of the "Anti-w88 slot Provisions", the government will punish market competition entities for w88 slot behavior in accordance with the "Anti-Monopoly Law", and they will face a sharp increase in the intensity of punishment.
Rapidly increase penalties for market entities
Huang YongPoint out,The most important thing in the "Anti-w88 slot Provisions" is the operability of w88 slot agreements reached by competing operators, that is, horizontal w88 slot agreements.
For market competition entities, the biggest change they face with the promulgation of the Anti-w88 slot Regulations is the sharp increase in government penalties for price violations.
Huang YongExplained,2010year12month4日In the "Decision of the State Council on Amending the Provisions on Administrative Punishments for Price Violations" entrusted by the State Council to the National Development and Reform Commission, the upper limit of penalties for price violations was increased to500Ten thousand yuan.
However, the "Anti-w88 slot Provisions" introduced this time are based on the "Anti-Monopoly Law", and according to Article of the "Anti-Monopoly Law"4619350_19397
“For large companies with high sales, this penalty is very severe.”Huang YongFor example, for multinational companies like Wal-Mart, profit margins are low. Once they violate the regulations, they will be punished according to the antitrust law. Even 5% of the previous year's sales will be a devastating blow to the company and greatly increase the legal deterrent.
Article 1 of the Anti-Monopoly Law1321227_212838situations, including fixing or changing the price level of goods; fixing or changing the range of price changes; fixing or changing handling fees, discounts or other fees that affect the price; using the agreed price as the basis for transactions with third parties; agreeing to use a standard formula to calculate the price; agreeing not to change the price without the consent of other operators participating in the agreement; fixing or changing the price in disguised form through other means, etc.
In addition, regarding the w88 slot of industry associations, the antitrust law only covers the issue16Article stipulates in principle that “Industry associations shall not organize operators in the industry to engage in monopolistic behaviors prohibited by this chapter.”
The "Anti-w88 slot Regulations" specifically point out that industry associations shall not formulate rules, decisions, notices that eliminate or restrict price competition, or organize operators to enter into w88 slot agreements prohibited by these regulations.
“This gives the industry association a clear signal that if there are any price limit orders, unified prices, etc. in the future, they will face administrative penalties.”Huang Yongrepresents.
Whether it is a "w88 slot" is the basis for the division of powers between the National Development and Reform Commission and the State Administration for Industry and Commerce. However, the provisions of the Anti-Monopoly Law on w88 slot are relatively thick, and the boundaries between w88 slot and non-w88 slot are unclear.
Shi Jianzhong, a professor of economic law at China University of Political Science and Law who participated in the expert discussion meeting on the "Anti-w88 slot Provisions" organized by the National Development and Reform Commission, said that the introduction of this regulation will help the National Development and Reform Commission and the State Administration for Industry and Commerce clarify the division of powers and responsibilities in anti-monopoly law enforcement by clarifying the basis for identifying w88 slot behavior.
The first administrative procedure to standardize w88 slot
“w88 slot behavior should first be investigated and dealt with by administrative law enforcement agencies, but there was a lack of corresponding administrative procedure provisions before. The introduction of the Anti-w88 slot Administrative Enforcement Procedure Provisions makes up for this lack.” Li Shuguang, a professor of economic law at China University of Political Science and Law who participated in the discussion of the draft of the Anti-w88 slot Administrative Enforcement Procedure Provisions, said.
The "Anti-w88 slot Law Enforcement Procedure Provisions" mainly stipulates the characteristic systems for suspected w88 slot behaviors: reporting, leniency, commitment system, etc.
“This “Anti-w88 slot Administrative Law Enforcement Procedure Provisions” mainly provides for administrative law enforcement procedures, but there is a lack of regulations on how to provide judicial procedural remedies for improper administrative law enforcement.” Li Shuguang said bluntly.
He also emphasized that the relevant administrative departments have excessive power and the persons subject to enforcement lack judicial relief. This is no longer a problem that the Anti-w88 slot Administrative Enforcement Procedure Provisions itself can solve. This is the flaw of the Anti-Monopoly Law itself, which requires the introduction of judicial interpretations of the Anti-Monopoly Law.
Related links:
1.《21Century Economic Report》
http://www.21cbh.com/HTML/2011-1-5/zMMDAwMDIxNDMzMg.html
2. ifeng.com
http://finance.ifeng.com/news/20110105/3153359.shtml
3. Sina
http://tech.sina.com.cn/it/2011-01-04/23515058549.shtml
4. CCTV
http://news.cntv.cn/program/C20695/20110104/103921.shtml