w88 casino News Network (provided by the Law w88 casino)On the afternoon of May 24, 2019, the w88 casino of Law held a lecture on "Three-person Discussion on Competition Law: Review and Outlook of the Tenth Anniversary of China's Antitrust Law" at the King & Wood Mallesons Moot Court. This lecture was hosted by Professor Shi Jichun from Renmin University of China Law w88 casino, Professor Zheng Pengcheng from Hunan University Law w88 casino, and Professor Li Jian from Shanghai Jiao Tong University Law w88 casino. Professor Feng Hui, Vice Dean of the Law w88 casino, served as the moderator. More than 50 doctoral students, master's students, and undergraduates from the Law w88 casino attended this lecture.
(Event site)
Professor Shi Jichun pointed out in his speech that the "Anti-Monopoly Law of the People's Republic of China" has made important achievements in more than ten years since its implementation in 2008, but there are also many problems that urgently need to be reflected, summarized and solved. Generally speaking, the promulgation and implementation of the Anti-Monopoly Law solved the problem of legal basis for monopoly cases and allowed the Anti-Unfair Competition Law to return to its original position. The long-term separate law enforcement structure composed of the National Development and Reform Commission, the State Administration for Industry and Commerce, and the Ministry of Commerce has improved the efficiency of antitrust law enforcement and strengthened the social influence of the antitrust law. However, there are still problems in the legislative concept of anti-monopoly law to be further scientific. How to define monopolistic behavior, how to choose specific anti-monopoly tools, and how to evaluate the impact of anti-monopoly on the market all fundamentally depend on the legislative concept. In addition, Professor Shi Jichun also pointed out that the reason why China's Anti-Monopoly Law has been able to play an increasingly important role in the implementation process for more than ten years is inseparable from the personal philosophy, courage and behavioral style of the heads of law enforcement agencies. However, with the reform of the antitrust law enforcement agencies and the personnel adjustments of the responsible persons, this driving force is uncertain. This is also an important issue that needs to be resolved during the future implementation of China’s Anti-Monopoly Law.
(Upper left, upper right, lower left, lower right in order: Professor Shi Jichun, Professor Zheng Pengcheng, Professor Li Jian, Professor Feng Hui)
Professor Zheng Pengcheng pointed out in his speech that an important feature of the implementation of China’s Anti-Monopoly Law for more than ten years is the emphasis on legislation and the specific implementation of legislation. Antitrust legislation is highly technical and professional, which places high demands on the professional abilities of law enforcement personnel. However, the personnel quality of China’s antitrust law enforcement agencies, especially local law enforcement agencies, is still far from the requirements for antitrust law enforcement. This is also an important reason that restricts the effectiveness of China’s antitrust law enforcement. Professor Zheng Pengcheng analyzed several typical cases of anti-monopoly law enforcement in Hunan Province, analyzed the "local" problems existing in the anti-monopoly law enforcement process, and proposed that in the context of the reform of the establishment of anti-monopoly law enforcement agencies, the integration of anti-monopoly law enforcement standards and law enforcement procedures should be strengthened.
Professor Li Jian pointed out in his speech that looking back on the judicial process of the implementation of China’s Anti-Monopoly Law for more than ten years, we can find that a series of major cases have emerged, such as the “3Q War” and so on. These cases reflect that antitrust law has penetrated deeply into the operation of the market economy and has had an extremely important impact on the business behavior of market entities. Judging from the specific analysis of typical cases, on the one hand, there is still a lot of room for improvement in judges’ accurate understanding of antitrust legislation. On the other hand, judges’ guidance in interpreting and applying antitrust rules to solve specific cases is still questionable. Professor Li Jian pointed out that judiciary is an important part of law enforcement and the most direct way for China’s anti-monopoly law to play its practical role. In the future, China's anti-monopoly law should further strengthen its emphasis on trials and sort out existing cases to lay the foundation for the improvement of anti-monopoly law in the judicial aspect.
After the speeches of the three keynote speakers, the students at the scene exchanged views with the keynote speakers on issues such as the rationality of China’s antitrust laws, the actual effects of high antitrust administrative penalties, and the necessity and feasibility of antitrust law transplantation.
The host, Vice President Feng Hui, summarized this lecture. Professor Feng Hui pointed out that economic law and competition law are important and advantageous subjects of the w88 casino Law w88 casino. On the occasion of the tenth anniversary of the implementation of China's Anti-Monopoly Law, holding this lecture is of great significance. The speeches of three well-known professors in the field of competition law gave everyone great inspiration. Professor Feng Hui believes that China’s Anti-Monopoly Law has been implemented for more than ten years and has made important achievements in various aspects such as legislation, law enforcement and judiciary. What is particularly important is that as an important sub-sector of economic law, the Anti-Monopoly Law has completely structured the legislative, law enforcement and judicial procedures, which has greatly improved the problems of "emphasis on legislation over implementation" and "emphasis on punishment over relief" that are common in other sub-sector laws of economic law, such as macro-control laws, fiscal and taxation laws, financial laws, and social laws. Of course, the law is rooted in the market and social environment. The legislative quality and implementation effects of antitrust laws are also limited by factors such as the macro market environment, the establishment of law enforcement agencies and professional capabilities of law enforcement, judicial system reform and trial capabilities. This is also the direction for the improvement of China's antitrust laws in the future.
