What are the backgrounds modified by antitrust law, and what are the highlights of attention?

Chai Yaxin Li Yunshu, the website of the Central Commission for Discipline Inspection, reported that the regulation of monopoly, restricting competition and unfair competition through the legislation and law enforcement of the competition law, especially the antitrust law, is a general practice of a market economy country. In August of this year, the revised "Anti -Monopoly Act of the People's Republic of China" (hereinafter referred to as the "Anti -Monopoly Law") was officially implemented. This is the first revision in the implementation of the Anti -Monopoly Law in 14 years.

What are the backgrounds modified by antitrust law, and what are the highlights of attention? In order to promote the effective implementation of the new monopoly law, what should they do? The reporter interviewed the deputy principal of China University of Political Science and Law and a member of the Consultation Group of the Anti -Monopoly Committee of the State Council.

What is the background of the modification of my country's antitrust law? Why do you have a large repair after 14 years of implementation?

Since the implementation of the Anti -Monopoly Law, my country has achieved the world The significant results of attention have become one of the three major antitrust jurisdictions in the world.

Practice has proved that the framework and main system of the antitrust method before the amendment are generally feasible. However, with the development of my country's socialist market economy, the anti -monopoly law has also exposed the relevant system stipulated in principle, insufficient punishment for some monopoly behaviors, and further improvement of the law enforcement system. Especially with the rapid development of new business formats such as the platform economy, some large platform operators abuse data, technology, capital and other advantages to implement monopoly behaviors and conduct disorderly expansion, which leads to hindering fair competition, suppressing entrepreneurial innovation, disturbing economic order, damage to consumers Issues such as rights and interests are increasingly prominent, and the urgent need to clarify the specific applications of anti -monopoly related systems in the field of platform economy to strengthen antitrust supervision. Modifying and improving the antitrust law is the inherent requirements of my country's socialist market economy development, and it is an objective need to help build a new development pattern.

One of the most important backgrounds of antitrust law amendments is to strengthen anti -monopoly and prevent the actual requirements of anti -capital disorder expansion. What does the monopoly and the disorderly expansion of the capital refer to, and what harm will it cause to the market economy?

Monopoly, including market monopoly and administrative monopoly. Among them, monopoly agreements, abuse of market dominance, and illegal implementation operators are typical market monopolies. The abuse of administrative power elimination and restricting competition is a typical administrative monopoly. Regardless of market monopoly or administrative monopoly, it will exclude restrictions on competition, suppress innovation, and harm consumers' interests and social public interests.

In April 2021, the General Administration of Market Supervision shall investigate the case of suspected monopoly behaviors such as "two selections" in accordance with the law according to law. (Picture source: official website of the State Administration of Market Supervision and Administration)

Capital expansion mainly refers to mergers and acquisitions that occur in the capital market, which will not only lead to changes in corporate equity and even control, but also increase the concentration of related industries and markets, and cause changes in the industrial market structure and competition. The disorderly expansion of capital occurs in the capital market, and the consequences will spread to the real economy. If the market concentration of related industries is excessively extended by the disorderly expansion of the capital market and is controlled by the same capital or actual control, it may produce the consequences of eliminating restrictions and suppressing innovation. The good interaction between competition and innovation is a necessary condition for high -quality economic development. Monopoly and the disorderly expansion of capital will damage the competitive mechanism and innovation momentum, which is not conducive to high -quality economic development.

What position does the new antitrust law have in my country's current law?

In today's world, the scarce resources are the market. Accelerating the construction of a large unified market in the country and unblocking a large domestic cycle is an inevitable requirement to implement the strategic deployment of a new development pattern. In the process of building a national unified market, a long -term contradiction must be dealt with, which is the relationship between the market and the government. What role does the new antitrust law play in the construction of a national unified market? Compared with the antitrust law of other countries, the same thing about my country's new antitrust law is that three typical market vulnerabilities are stipulated, namely monopoly behaviors, abuse of market status and improper operations. The difference is that we have also made special rules for the abuse of administrative power and excluding the administrative monopoly of restricting competition.

Prevent and stop administrative agencies and laws and regulations authorized by organizing public affairs to abuse administrative powers and eliminate and restrict competition. It is the biggest feature and highlight of my country's new antitrust law. Regarding the abuse of administrative power, the new antitrust law in my country shows great determination, which expresses confidence in the market and is also a care and guarantee for the market.

This can be seen that in all laws in my country, the new antitrust law is particularly special. my country's new monopoly law opposes market monopoly and requires breaking administrative monopoly. To prevent market monopoly, it means that the market plays a decisive role in resource allocation; breaking administrative monopoly can better play the role of the government. So we say that the new antitrust law is a law that promotes effective markets and better integration of the government.

What are the highlights of the new antitrust law in "Promoting the effective market and the better combination of the government"?

First, prevent the use of cooperation agreements and other methods to implement monopoly behaviors to ensure market fairness. Article 40: "Organs authorized by administrative organs and laws and regulations shall not abuse administrative powers with management of public affairs. Operators implement unequal treatment to eliminate and restrict competition. "Second, business activities such as bidding emphasize competition neutrality and treat market players equally. After the amendment, Article 42, modify the original "exclusion or restricting foreign operators to participate in local bidding and bidding activities" to "exclude or restrict operators to participate in bidding and bidding and other business activities." The concept of cancellation of the "foreign operator" is to achieve real competition neutrality, that is, neither foreign -foreign companies nor local enterprises should not be allowed. The reason why the "other business activities" are added is mainly to cope with various situations in practice. In addition to bidding, competitive negotiations, inquiries, and competitive consultations are all competitive procurement methods. There are space and possibilities for abuse of administrative power to eliminate and restrict competition. The omissions and deficiencies stipulated in the law.

Third, abstract administrative actions are fully incorporated into competition constraints and seamlessly connected with the fair competition review system. After the amendment, Article 45, the subject of obligations has been extended from the administrative organs to the organization with the functions of managing public affairs authorized by law and regulations. In this way, the subject of abstract administrative actions is consistent with the subject of fair competition review, so that the system of prevention and stopping administrative monopoly and the fair competition review system can be effectively connected.

At present, digital technology and economic and social development are deeply integrated. What are the measures for this amendment to promote the high -quality development of the digital economy?

In the context of the deep integration of digital technology and economic and social development, it is necessary to accelerate and improve the systematic fair competition supervision system and promote the high -quality development of the digital economy. As the typical state of the digital economy and the most important subject, the influence of platform companies on economic and social life has surpassed all enterprise types and business models. Monopoly behaviors that occur in the field of platform economy, such as "two selections", "big data killing", "self -preferential treatment", "stifling mergers and acquisitions", etc., involving data behavior, algorithm use and digital technology, which are special. This amendment to respect the competition law of the digital economy, and to legislate around the core elements of competition in the field of platform economy. At this stage, the legal provisions are made at the legal level, and clear policy signals have been released, which is very necessary and very moderate.

In the context of the deep integration of digital technology and economic and social development, the new antitrust law respects the laws of the digital economy competition, and the core elements of competition in the field of platform economy will promote the high -quality development of the digital economy. Recently, the 2022 World Digital Economic Conference and the 12th Smart City and Smart Economic Expo were held in Ningbo, Zhejiang. New technologies, new products, and new applications in the forefront of the digital economy were unveiled at the exhibition site, attracting the people to visit. (Picture source: Vision China)

Strengthening and improving antitrust of market dominance is an important task of digital economic governance. Article 22 of the correction adds one as the second paragraph: "Operators with market dominance shall not use data and algorithms, technology, and platform rules to engage in the abuse of market dominance in the preceding paragraph." This paragraph. "This paragraph." The regulations not only echo the general rules of the general rules, stipulate, and keep pace with the times to clarify the antitrust concern of the abuse of market dominance in the digital economy era, but also organically connect with the "Anti -Monopoly Guide of the State Council's Anti -Monopoly Committee on the Platform Economic Field". The necessary interface is reserved for the future system.

The amendment of the antitrust law will write "Encourage Innovation" to the first general rule. How to understand the relationship between competition and innovation?

All innovation will have an impact on existing competition mechanisms and order. Therefore, the relationship between correcting and handling competition and innovation is critical. High -quality development requires innovation. Only a good competitive environment can promote innovation; only by promoting innovation can we improve the level and level of competition; only by improving the level and level of competition can we promote high -quality economic development. Otherwise, it can only be zero and competition of low -level stock interests. Therefore, strengthening the implementation of antitrust and in -depth promotion of fair competition policies is to create a fair competitive environment for innovation, and then continue to improve the level of competition through innovation, realize the healthy interaction of competition and innovation, and promote high -quality economic development.

In order to promote the effective implementation of the new monopoly law and prevent the disorderly expansion of capital, what suggestions do you have? What should I do?

We must further improve the anti -monopoly legal system, accelerate the improvement of anti -monopoly supporting legislation, and quickly modify and improve regulations and regulations such as centralized antitrust declaration standards, and formulate anti -national industries and fields that are related to national economy and people's livelihood, competition issues, and highly concerned about social concerns. The monopoly guide, build a legal system of a complete, standardized, and efficient operation of scientific, standardized, and operating, and create a fair and transparent competitive environment for the rule of law.

We must also strengthen the scale and capacity building of antitrust law enforcement teams, strengthen antitrust supervision and law enforcement in key areas, adhere to equal equalization and equal treatment of various market entities, strengthen anti -monopoly regulatory law enforcement in accordance with the law, focus on key areas involved in national economy and people's livelihood. Industries with multiple monopoly behaviors have increased antitrust law enforcement efforts, effectively open up monopoly points that restrict my country's industrial upgrading and high -quality development, promote free flow of production factors and optimize the allocation of resources, and continuously optimize the market competitive ecology.Click "Read the original text" below to view the full version content

Edit: Wu Yuxuan

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