Enforcement of Monopoly Agreements: A Sword for Solving Public Concerns and Promoting Development
As a kind of monopoly behavior that is more common in the economic field, has more serious harm to market Race condition, and has more hidden manifestations, reaching a monopoly agreement has always been the top priority of supervision. Since the implementation of the Anti Monopoly Law, the anti monopoly law enforcement agencies have resolutely implemented the decisions and deployments of the Party Central Committee and the State Council, improved the monopoly agreement system, strengthened the supervision and enforcement of monopoly agreements, and improved the efficiency of fair competition governance. The market competition environment has become more fair, and consumer and social public interests have been further safeguarded. In the past 14 years, a total of 218 monopoly agreement cases have been investigated and dealt with, with a fine of approximately 6. 266 billion yuan.
Improve the regulatory system for monopoly agreements
Good law and good governance promote lawful administration. Since the implementation of the Anti Monopoly Law, China has optimized the top-level design of the law and initially formed a relatively scientific and complete monopoly agreement regulation system with the Anti Monopoly Law as the core and relevant regulations and guidelines. The newly revised Anti Monopoly Law involves two modifications and two additions to the chapter on monopoly agreements, improving the definition of monopoly agreements, the defense of vertical monopoly agreement competition effects, the " safe harbor " system, and the assistance behavior of operator organizations, providing institutional guarantees for optimizing the supervision and enforcement of monopoly agreements.
While promoting the revision of the Anti Monopoly Law, the State Administration for Market Regulation has improved its anti monopoly supporting legislation, formulated and issued the " Interim Provisions on Prohibiting Monopoly Agreements " , promoted the revision of the " Provisions on Prohibiting Monopoly Agreements " , formulated multiple guidelines such as the " Guidelines for the Application of the leniency System in Horizontal Monopoly Agreement Cases " and the " Commitment Guidelines for Operators in Monopoly Cases " , unified law enforcement procedures, scales, and standards, and set a " traffic light " for market entities, Provide clear guidance for the market.
Strengthening the Supervision and Enforcement of Monopoly Agreements
The sharp sword hanging high demonstrates the authority of law enforcement. Since the implementation of the Anti Monopoly Law, anti monopoly law enforcement agencies have focused on the urgent needs of the people and continuously strengthened the enforcement of monopoly agreements in the fields of medicine, building materials, public utilities, and other livelihood sectors. Over the past 14 years, a total of 11 cases of monopoly agreements in the pharmaceutical industry have been investigated, with a penalty amount of approximately 1 billion yuan, 25 cases in the building materials industry have been investigated, with a penalty amount of nearly 1. 4 billion yuan, and 14 cases in the office use industry have been investigated, with a penalty amount of approximately 200 million yuan, continuously enhancing the people's sense of gain, happiness, and security.
Focusing on stabilizing the overall economic situation, antitrust law enforcement agencies are based on the " two overall situations " and have the " national power " in mind. They investigate and handle monopoly agreement cases in fields such as insurance, maritime ports, and bulk commodities in accordance with the law, creating a fair, transparent, and predictable market environment. In the past 14 years, a total of 14 cases of monopoly agreements in the economic field such as insurance have been investigated and dealt with, with fines exceeding 30 million yuan. Four cases in the maritime port field have been investigated and dealt with, with fines of about 60 million yuan. Twelve cases in the field of bulk commodities have been investigated and dealt with, with fines of nearly 1 billion yuan. This has stabilized market expectations and boosted market confidence.
Focusing on the demonstration and guidance of typical cases, the antimonopoly law enforcement agencies focused on typical monopoly agreements such as fixed prices, market segmentation, resale price maintenance and so on, fined 12 Japanese auto parts and bearings enterprises 1. 235 billion yuan for concluding and implementing monopoly agreements, and fined Yangtze River Pharmaceutical Group Group 764 million yuan for concluding and implementing monopoly agreements, Strive to " investigate and punish a case, standardize an industry, and purify a field " , effectively maintaining fair competition market order and the legitimate rights and interests of consumers.
Improving the Efficiency of Fair Competition Governance
Deepen reform and gather broad consensus. Since the implementation of the Anti Monopoly Law, the anti monopoly law enforcement agencies have conscientiously implemented the decisions and deployments of the Party Central Committee and the State Council, continuously improved the anti monopoly regulatory mechanism, strengthened capacity building, advocated a competitive culture, and focused on enhancing the preventive, holistic, and systematic nature of competition governance.
In 2018, the State Administration for Market Regulation integrated the antitrust functions of the National Development and Reform Commission, the Ministry of Commerce, and the former State Administration for Industry and Commerce, responsible for unified antitrust law enforcement. In December 2018, the State Administration authorized provincial market supervision departments to be responsible for antitrust law enforcement within their respective administrative regions, and established a central and provincial antitrust law enforcement system. In November 2021, the General Administration of China will add the brand of " State Anti-Monopoly Bureau " , set up the First Division of Anti monopoly Law Enforcement to be responsible for enforcing monopoly agreements and abusing market dominance, establish a competition policy and Big data center, and further enrich the anti-monopoly supervision and law enforcement force.
In order to enhance the level of regulatory and law enforcement capabilities, the State Administration of Taxation has compiled and published textbooks such as " Selected Classic Cases of Monopoly Agreements " , " China's Anti Monopoly Legislation and Law Enforcement Practice " , and " China's Annual Report on Anti Monopoly Law Enforcement " . It has organized centralized anti monopoly training, conducted cross enforcement and joint investigations, strengthened cooperation with third-party institutions, and utilized the power of expert think tanks to solve law enforcement problems, consolidating the theoretical support for monopoly agreement law enforcement.
In order to guide market entities to operate in accordance with the law and regulations, antitrust law enforcement agencies have strengthened publicity and publicity, increased exposure to monopolistic agreement behaviors, issued reminders and warnings to key industries, and promoted enterprises to strengthen the construction of antitrust compliance systems and carry out production and operation in accordance with the law and regulations.
Standing at a new starting point and moving towards new goals. Our country's market regulatory authorities will focus on protecting fair competition in the market and safeguarding consumer interests, adhere to supporting development and legal norms, emphasizing both " results " and " causes " , and emphasizing regulatory law enforcement and institutional construction. We will effectively strengthen antitrust supervision and law enforcement, better serve the overall development of the economy and society, and promote the enforcement of monopoly agreements to a new level.
Source: China Market Regulation Report