Anti -monopoly to maintain the healthy development of the market fair and orderly to escort enterprises

The revised antitrust method is officially implemented to enter the countdown. 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. The revised antitrust law was implemented from August 1, 2022.

Anti -monopoly law is the basic law of maintaining the free market mechanism. The fundamental purpose of formulating antitrust law is to maintain a fair and competitive socialist market economy order, improve the unified, open, competitive, and orderly market system, and stimulate the vitality of the market. Make the market a decisive role in resource allocation. Because only when free competition can enterprises continue to innovate and provide more diverse products and services, both for enterprises, consumers and the entire social development.

The Anti -monopoly law has been implemented since August 1, 2008, and has promoted the continuous emergence and flourishing of the new economic format. Today, the digital economy represented by the Internet platform in my country is in the ascendant. As of the end of last year, the size of Chinese netizens has exceeded the 1 billion mark, reaching 1.032 billion, and the Internet penetration rate is as high as 73%. Therefore, how the antitrust law will affect the platform economy after this revision.

It is reported that the revised antitrust law has made important amendments in many places, such as clarifying the law enforcement department of the "State Council Anti -Monopoly Law Enforcement Agency" as the law enforcement department; further clarifying the specific application of antitrust related systems in the platform economy; improve The operators of the application standards are investigated and handled the procedures; specific requirements for the centralized review work of the operators, etc.

For the revised antitrust method, the author believes that it has the following three important contents:

First of all, the outline is still the first priority. Platform -type enterprises not only have to develop by themselves, but also support and promote the reduction of small and medium -sized enterprises in the platform; cooperation and interoperability are the consensus that must be reached between enterprises, and ecological opening up between platform companies should also be accelerated. In addition The improvement of compliance capabilities and strengthening compliance work such as data security, information protection, and algorithm governance.

Secondly, the antitrust law is not only applicable to head enterprises, but also non -head enterprises; not only for platform enterprises, but also the physical industry. In the future, key areas including platform economy, scientific and technological innovation, information security, and people's livelihood protection will usher in antitrust and anti -unfair competition supervision and law enforcement. On July 9th, the State Administration of Market Supervision and Shaanxi Provincial Market Supervision and Administration Bureau simultaneously released the administrative penalty decision of the Shaanxi Cement Association and 13 cement enterprises' monopoly agreement, a total of about 450 million yuan of fine refresh A record of antitrust penalties in the field of building materials in China, which is also the latest case announced after the revision of the Antitrust Law.

Third, the antitrust law has increased the fines of the concentration of illegal implementation operators. According to Article 58 of the Anti -Monopoly Law, the operator shall be concentrated in violation of the provisions of this Law, and if it may have or may have the effect of exclusion and restricting competition, it will be fined below 10 % of the year sales; For competition effects, a fine of less than 5 million yuan. Compared with the fines of hundreds of thousands of yuan in the past, punishment based on the proportion of annual sales will inevitably increase the illegal cost of the enterprise, thereby significantly playing a deterrent role.

The implementation of the revised antitrust law means that the thinking of antitrust supervision is clearer, and the supervision will also extend from the incident to the event and beforehand to further form a synergy regulatory regulation. In this context, market entities must strengthen their learning, improve monopoly risk prevention, compliance awareness and capabilities, and make the awe to escorting enterprises in the healthy development of antitrust law.

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