Tuesday, September 14, 2010

Three anti-monopoly law enforcement departments, year introduced several new deal soon

Newspaper was informed that for the "anti-monopoly law," certain provisions of the operational problems are not strong, as "anti-monopoly law," statutory law enforcement agencies, the Ministry of Commerce, NDRC and SAIC will be introduced in the recent series of supporting file.

Last week, the central and local anti-monopoly law enforcement agencies in Dalian, the principal responsible persons held "Law Against Monopoly" the first time since the implementation of collective learning. At the meeting, said the three departments, the product of monopoly is competitive, its not original sin, but unconstrained monopoly may produce anti-competitive effect, is allowed. "Antitrust Law" is to encourage the enterprises bigger and stronger, is to encourage fair competition, corporate law, corporate law is not the limit. They also stressed that China's "anti-monopoly law," equal treatment of domestic and foreign enterprises.

Department of Commerce: business concentration

Department of Commerce Bureau is mainly responsible for anti-monopoly review of business concentration. Which is responsible for people at the meeting that although the report focused on the operators to set much higher threshold, but less in the threshold of the enterprise, if the affected competition SCAEA also regulating it.

It is understood that operators focus on legislation, has promulgated a law, one case, that "anti-monopoly law" and "the State Council on the operators to focus on reporting standards requirements." Also introduced the next two guides, four rules, three guidance documents.

The official said two of the guides and the four rules, forthcoming.

2 Guide including, developed jointly by the three departments, "Guidelines on the Definition of Relevant Market", which provides for how to define the relevant market, and one is immediately necessary to adopt a "declaration of financial services focused on the calculation of turnover" State Council Ordinance provides that the threshold for declaration of the financial sector is 10 billion yuan, 20 billion, 400 million yuan, how do we calculate the financial sector has its own way. With the development of the financial crisis, financial institutions urgently need to put this policy as soon as possible.

Four rules, including: "focus on anti-monopoly operator declaration," the "focus on anti-monopoly review of the operator approach," "Failure to declare a concentration survey approach", "below the reporting standards regarding alleged monopoly operators focus on evidence collection methods. "

3 guidance documents include: "focus on the operators to declare guidance documents", "focus on the operators to declare guidance," "operators to focus on the antitrust review of the Law Guide."

The official said, operators focus of the review period, divided into two phases, the first phase of 30 days, the second phase is 90 days there is an extended period. Now the vast majority of cases are concluded within 30 days of the first phase, only a small number of cases concluded in the second stage, not one case of use of the extension, which can be completed within 120 days.

Since August 1, 2008 "anti-monopoly law," implementation, to April 27, 2009, the Ministry of Commerce received a total of 51 operators to focus on reporting, has completed 42, 39 of which the unconditional approval, conditional approval of 2 cases , respectively, InBev bought AB Group and Mitsubishi Rayon Company acquired the United Kingdom Lucite company, focused on a ban, the acquisition of China Huiyuan is the Coca-Cola Company. There are a lot of work to do things before the consultation is about a 200 companies carried out a consultation to the Ministry of Commerce.

Development and Reform Commission: Anti-price monopoly

Based on "anti-monopoly law" and the State Council pushed forward, the State Development and Reform Commission is the State Council's commitment to anti-price monopoly law enforcement agencies, the specific responsibilities of the price supervision and inspection by the State Development and Reform Division.

In the anti-price monopoly, the national and provincial levels with the right of administrative law enforcement and county levels is cooperating with the investigation, inter-provincial case for designation by the State Development and Reform Commission or the joint handling of cases the lead in handling cases, major cases investigated and dealt directly organized by the National Development and Reform Commission .

The "anti-price monopoly provision" under the "anti-monopoly law" in terms of classification and order, respectively, price fixing agreements, abuse of market dominant position and price monopoly price monopoly abuse of administrative powers and statutory acts of Standards, Elements do out provision. "Anti-price monopoly law enforcement procedural requirements," according to, price-fixing agreements on the exemption and large, the operator commits itself to terminate the investigation, the handling of the abuse of administrative power, monopoly price reporting and investigation, has done a specific procedure.

Price Supervision official said, "Antitrust Law" after the implementation of the community attach great importance to price fixing. To date, the State Development and Reform Commission has received complaints concerning price fixing, and nearly 20 reports, mainly in price collusion, abuse of dominant market position in terms of being informants, including multinational corporations, joint ventures, domestic enterprises and trade associations.

Business Administration of anti-monopoly agreements and abuse

SAIC is responsible for addition to the price monopoly, responsible for the abuse of market dominance and anti-monopoly law enforcement agreement. Last year by the end of July, in the original SAIC on the basis of fair trade bureau, set up anti-monopoly and anti-unfair competition law enforcement bureau.

Anti-monopoly and anti-unfair Competition Law Enforcement Bureau said that so far have basically completed the two regulations and two work on the guide is further the discussion and amendment process, would soon be promulgated by Decree of the implementation.

Two rules are: "Agreement on the Prohibition of monopolistic behavior of the relevant provisions" and "abuse of market dominant positions on the Prohibition of the relevant provisions." 2 Guide including: "industry and commerce investigated and dealt with monopoly agreements, abuse of market dominant position in the process" and the "industrial and commercial administration to stop the abuse of administrative power to exclude or restrict competition procedural requirements."

SAIC believes that the future with the two regulations and the introduction of two guides, will help managers better understand and master the "anti-monopoly law," clearly the boundaries of legal and illegal. It will also help law enforcement agencies to regulate law enforcement behavior, improve the transparency of law enforcement.

Antitrust and Unfair Competition Law Enforcement Bureau said, "Antitrust Law" after the implementation of the SAIC continues to receive dozens of reports of material on the monopoly. SAIC strict accordance with the procedures, all of these reports were sort of material.

From the outcome, divided into three types: One is a general civil disputes; Second, do not constitute a monopoly; but violate other laws and regulations of the act is actually suspected of violating the three "anti-monopoly law" behavior, both in connection abuse of market dominance, but also the behavior of suspected abuse of dominant market position for the third case, SAIC conducted a survey to verify.

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