The establishment of a fair competition review system is established, and the platform economic antitrust guide may be adjusted ... What changes will the new "Anti -Monopoly Law" bring?

Entering August, a series of new rules will be officially implemented. Among them, the newly revised Anti -monopoly law of the People's Republic of China has also officially exerted its legal benefits from the 1st of this month.

Compared to the old version of the "Anti -Monopoly Law", which had been implemented for 14 years, a total of 36 amendments were carried out. Among them, in the first chapter of the general rule, there are as many as 8 modifications or new contents. From the content of the content, such as the economic antitrust of digital platforms, the fair competition review system for administrative law enforcement behaviors, and the "safe port" system, etc., all appeared in the "Anti -Monopoly Law" for the first time.

Behind the new word into the new law, what policy signals are released? How will the future platform economy be supervised? In the context of establishing a unified market, how to curb the monopoly customs such as local protectionism and industrial protectionism? With various problems, Red Star Journalists talked a number of experts and antitrust lawyers to comprehensively study the newly landed "Anti -Monopoly Law".

Picture according to IC Photo

After a lapse of 14 years, why was the Anti -Monopoly Anti -rebuilt?

Expert: Central to strengthen anti -monopoly and prevent the disorderly expansion of capital

The Anti -Monopoly Law is known as the "Economic Constitution". On June 24, 2022, the 35th meeting of the Standing Committee of the 13th National People's Congress approved the decision to modify the antitrust law. This is also the first large repair and implementation since the first implementation of the "Anti -Monopoly Law" in my country on August 1, 2008, since its implementation.

After a lapse of 14 years, why did the Anti -Monopoly Aegish? Or, what is the new "monopoly" form and pressure of our socioeconomic and economy?

"I personally think that the most important background of the revision of the new law is the policy requirements from the central government to strengthen antitrust and prevent the disorderly expansion of capital." In an interview with Red Star News, associate professors of the School of Law of Wuhan University pointed out that it can be said that in some fields The disorderly expansion of capital has affected the overall situation of the entire society to achieve common prosperity and the overall situation of national rejuvenation.

The investigation of monopoly behaviors has attracted policy attention over the years. According to statistics released by the General Administration of Market Supervision in March this year, in 2021, my country investigated and dealt with 176 monopoly cases, with a free amount of 23.586 billion yuan. Under the enforcement sword, many major typical antitrust cases have also been exposed:

In 2015, the monopoly case of Qualcomm Corporation was investigated, and a fine of 6.088 billion yuan was fined;

In 2016, the monopoly case was investigated by the Classes Company, with a fine of 667 million yuan;

In 2020, the monopoly case of calcium glucose acid was investigated, and the fine was 325.5 million yuan;

In 2021, the Alibaba Group monopoly case was investigated, and a fine of 18.228 billion yuan ...

In fact, anti -monopoly and anti -capital disorder expansion has become a hot word in recent years. At the Central Economic Work Conference held in December 2020, the platform economic anti -monopoly and capital disorder expansion were written into the focus of China's economic work in 2021; on February 7, 2021, the State Council Anti -Monopoly Committee released the "About the economy of the platform economy field Anti -Monopoly Guide; November of the same year, the National Anti -Monopoly Bureau was officially listed in the State Administration of Market Supervision and Management ...

"We emphasize the need to achieve the goal of common prosperity, and to solve the contradiction between social development with economic needs and unbalanced reality, and monopoly behaviors will make the gap between the rich and the poor in society. Stability will be threatened; on the other hand, if you do not restrict large enterprises, then the living space of SMEs will become smaller and smaller under monopoly competition. "

According to Liu Junhai, a professor at the School of Law and the Institute of Commercial Law, Renmin University of China, in the past, the standards and development relationships of socio -economic regulations have a light regulation of development, or only the development of irregularities, first development and then standardization. The disorderly expansion and barbaric growth have become an important reason for modifying the antitrust law.

Regarding the practical significance after the new law landing, Liu Junhai told Red Star News, "I think this can better optimize the free and fair competitive ecological environment, make large enterprises stronger, and make small and medium -sized enterprises in good living space."

Liu Junhai said that avoiding the use of monopoly of enterprises is one of the important goals of the law. Specifically, on the one hand, new law can better protect consumers' legitimate rights and interests, improve the market structure, and prevent the formation of absolute sellers.

"Grasp the" Bull Nose "of the antitrust law, and to fundamentally protect consumers' right to know, choose the right to choose, the right to transaction, privacy, claims, and a series of other linked rights. Social problems such as bullying guests appear. "

In addition, Liu Junhai mentioned that the new "Anti -Monopoly Law" proposed "encouraging innovation" for the first time in the first general regulations, and this is also an important way to antitrust. "It is necessary to break the monopoly innovation. roll."

On the other hand, Liu Junhai also proposed that the antitrust law has added regulations including the platform economy. Compared with the past, it is more segmented and provided for industry specifications. economic system.

Why is the fair competition review system entering the law?

Expert: The demand for establishing a unified market in the country

On the eve of the new law, Gan Lin, deputy director of the General Administration of Market Supervision and Director of the State Anti -Monopoly Bureau, published a statement in the People's Daily on July 28: The improvement of the rules of the anti -monopoly legal system is conducive to creating a good environment for fairness and transparency, and ensuring all types of various types Market subjects compete in the same unified market and compete for fairness in the country.

Red Star reporters compared to sort out and found that compared with the previous "Anti -Monopoly Law", the new law has been amended in total. Among them, in the general rules of the first chapter, more than 8 are modified or added, including: add "encouraging innovation" to the legislative purpose; join the principle of adhering to the party's leadership, marketization and rule of law; The requirements of policy foundation and the establishment of a fair competition review system established and gradually improved in 2016 have officially risen from the policy level to legal level. "Judging from the number of provisions involved in the amendment of the law, the amendment of the general rules is far more than the four major physical systems, second only to the legal responsibility part." The news pointed out that many of the amendments to the general rules reflect the development results of my country's competitive policy in recent years and the new requirements for in -depth promotion of antitrust work, and also reserve institutional interfaces for further improvement of the anti -monopoly rules system.

Among them, Article 5 of the General Principles stipulates that the state establishes a sound fair competition review system: administrative agencies and laws and regulations authorized by laws and regulations with management of public affairs functions shall conduct fair competition review when formulating regulations involving market entity economic activities, and Essence

In Liu Junhai's view, the fair competition review system has considerable importance. His analysis pointed out: On the one hand, it helps to activate the basic role of the market in the reasonable flow of resources and optimize the allocation of allocation, and avoid market failure and alienation; on the other hand, it can play a role in preventing administrative monopolies and be vigilant Protectiveism, etc.

"Under the supervision of a fair competition review system, the relevant regulatory authorities have no private interest." Liu Junhai explained that the government's tangible hand and the intangible hands of the market should be seamlessly connected, benign interaction, and the government needs to control the government. The tangible hand, otherwise, there will be a local protectionism in the past and local policies that violate the principles of fair competition.

From the perspective of the surrounding, although the system of fair competition review has existed in the past, there are still various leaks in the review process, uniform localities, and local protectionism. It is regarded as a staged "victory".

In July last year, the General Administration of Market Supervision, the National Development and Reform Commission, the Ministry of Finance, and the Ministry of Commerce had jointly released the "Implementation Rules for the Fair Competition Examination System" (hereinafter referred to as the "Detailed Rules"). In the interpretation of the document, the relevant person in charge responded that since the establishment and implementation of the system in 2016, 1.89 million documents involving various policies and measures involving market entity economic activities have been cleaned up; Correct more than 4,100 policies and measures that violate the review standards, effectively clean up and abolish various regulations and practices that hinder the unified market and fair competition in the country, strongly regulate government behavior, maintain fair market competition, and greatly stimulate the entrepreneurial and innovative vitality of market players.

"Why do we build this system? It is because of the demand for establishing a unified unified market in the country." It is surrounded by a fair competition review in the process of social management and economic management and control, and this new law emphasizes that in the general rules emphasize that the general rules emphasize this law The system is the self -revolution of government supervisors, which truly allows the healthy development of fair competition and industrial policies, macro -control and other related industries to achieve the same frequency resonance.

According to the above -mentioned "Details", the review standards are also required: adhere to a game of chess nationwide, clarify that there are no laws, administrative regulations, or the provisions of the State Council. Further break the "small market, small cycle", and effectively maintain the national unified large market.

How to "close the digital platform economy into the antitrust cage"?

Expert: Platform Economic Anti -Monopoly Guide or Welcome Adjustment

It is worth mentioning that, for the healthy development of the digital economy, the general rules have specially added Article 9- "The operator shall not use data and algorithms, technology, capital advantages, and platform rules to engage in monopoly behaviors prohibited in this law." In addition, Article 22 of the New Law also emphasizes that "do not use data and algorithms, technology, and platform rules to engage in market dominance status."

"The core contradiction of the digital economy antitrust, I think it is a new highlight of this new law." Liu Junhai analysis pointed out that the abuse of technical capital of digital platforms to implement monopoly expansion Competitive order, curb the innovation and development of small and medium -sized enterprises, disrupt the fair trading order of the market, and damage the legitimate rights and interests of consumers.

Behind the booming digital economy, regulating economic behavior is based on realistic needs. On June 8th, the "China Annual Report (2021)" issued by the State Administration of Market Supervision pointed out that in 175 of various monopoly cases in 2021, various types of monopoly cases from the Internet industry accounted for as high as 74 %, The proportion of anti -monopoly penalties for the Internet industry reached 92%.

Under the wave of digital economy, my country's platform economy has also entered a speed -up period for development. Liu Junhai emphasizes that supervisors need to use the laws and regulatory penalties given by guidance supervision and regulatory punishment to protect the legitimate rights and interests of consumers and small and medium -sized enterprises. Essence

As an antitrust practitioner, Du Guangpu also proposed that the digital platform economy, as a new format, is different from traditional manufacturing industries. "This is a new thing. In terms of anti -monopoly work, a process of understanding from shallow to deep." Among the multiple digital platform economy -related antitrust cases announced last year, the monopoly behavior of "two selections and one" restricting competition has become become a monopoly behavior. The first target of law enforcement agencies hit.

"The law that introduces the economic anti -monopoly of the digital platform at present can be said to be at the same time." Liu Junhai responded to Red Star News, such as some Internet platform search engines for bidding rankings, large platforms carrying accurate killing and other behaviors. Personal interests, and big data information collection and trafficking, it is more likely to threaten national interests and public safety.

In Liu Junhai's view, the new "Anti -Monopoly Law" may be able to play a role in both the symptoms. He explained that for the existing cases, after the new law takes effect, it is necessary to include the new rule of law orbit to achieve the corresponding effects; the new behavior of the future can also be achieved. Essence

"We look forward to seeing the effect of reversing the inferior coins to expel good coins." Liu Junhai said.

From the perspective, the "Anti -Monopoly Guide to the Economic Field of the Platform Economic" issued by the Anti -Monopoly Committee of the State Council in the early stage provided a basis for the antitrust of the Internet industry at the actual operation level. Sexual effects will be more clear, and at the same time, it will effectively respond to common problems in the development of the digital economy. It is surrounded by the follow -up platform economic antitrust guide may also be further adjusted under the guidance of the new law.

On the first day of the new "Anti -Monopoly Law", the Supreme People's Procuratorate publicly stated on August 1 that prosecutors will focus on the fields of people's livelihood security such as the Internet, public undertakings, and medicine, and actively and steadily carry out public interest litigation prosecution in the anti -monopoly field Work.

Is the "security agreement" be safer?

Industry lawyer: a more clear guidance for the business behavior of the company

值得注意的是，在新《垄断法》第二章第18条中，除了给定“禁止经营者与交易相对人达成垄断协议”的具体分类，同时特别强调了经营者若能能够证明相关非The monopoly effect or non -monopoly behavior is not prohibited. In the industry, this is called the "Security Port" system, and this is also the first time that the "Security Agreement" has been written into the antitrust law.

In this regard, Du Guangpu told Red Star News that the introduction of the "safe port" system is one of the physical rules that have received much attention in this amendment. In his opinion, this is an antitrust work towards the "deep water zone", which is more in -depth and accurate.

Specifically, Du Guangpu believes that the formal establishment of the "safe port" system means the refinement of antitrust rules, and at the same time, it also gives the enterprise's business behavior a clearer guidance, improves the certainty of law and the predictable can be expected to be law enforcement activities. sex.

So, will the establishment of the "Security Port" system make companies more "safe"?

In fact, before this amendment, the "safe port" system has been reflected in antitrust supporting regulations and guidelines. For example, in the "Antitrust Guide of the State Council Anti -Monopoly Committee on the Field of Intellectual Property" passed in 2019, it clearly stipulates the "security port" rules in the field of intellectual property; Among them, the "safe port" system also appeared again.

Looking back at the revision process, the "Security Port" system appeared in the draft of the 2021 version of the revision of the revision of the "Security Port" system. The provisions of Article 16, 18, and 18 of this Law are not applicable, but there is evidence that the evidence proves that the agreement reached by the operator is excluded and restricted to competition. " According to the draft regulations, the "safe port" system may be applicable to two types of monopoly agreements on horizontal and vertical.

In the final amendment decision, the scope of application of the "safe port" system is limited to the vertical monopoly agreement. The specific type of behavior and standards depend on the market supervision bureau to further clarify.

In Du Guangpu's view, with the establishment and improvement of the "Security Port" system, antitrust law enforcement agencies will have a clearer basis and greater motivation to deepen law enforcement activities into the "vertical non -price monopoly agreement that has been rarely involved before deepwater zone". As a result, for enterprises, the previously blurred, theoretically longitudinal non -price restrictions related risks will also become clearer and realistic.

Regarding the revised "Anti -Monopoly Law", Du Guangpu said that as the most important competitive policy at the legal level, the Anti -Monopoly Law is the core of the entire antitrust rules system. With the effectiveness of the amendment of the law, the new Anti -Monopoly Law can be called a milestone in the implementation of my country's competitive policy to a higher level.

Red Star reporter Yang Yuqi Wu Yang intern Xi Congcong

Editor Ren Zhijiang

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