China Introduced Laws Emergently to Respond Serious Monopoly Problems
Released on 2011-10-24 15:06 | readings
据《经济日报》1月16日报道，《反价格垄断规定》和《反价格垄断行政执法程序规定》将于2011年2月1日起实施。这两部法规制定和实施的原因就是因为存在于经济生活之中的复杂的垄断问题，比如价格垄断协议、滥用市场支配地位和滥用行政权力排除限制竞争等问题，现有的《反垄断法》不足以完全规范这方面的问题，所以国家紧急出台了这两部法规，阻止事态进一步恶化。其中，《反价格垄断规定》禁止具有竞争关系的经营者达成固定或者变更价格的垄断协议。此外，同时还规定，经营者不得与交易相对人达成固定商品转售价格和限定商品最低转售价格的协议。《反价格垄断规定》根据《反垄断法》第十七条的规定，将在价格方面滥用市场支配地位的行为细化为六种类型。而《反价格垄断行政执法程序规定》属于程序性规定，是规范价格行政执法部门自身行为的，对举报受理、调查措施、依法处理、中止调查、宽大政策等程序制度，以及价格主管部门的责任作了规定。根据规定，对涉嫌价格垄断的行为，任何单位和个人有权向政府价格主管部门举报。为鼓励经营者主动报告违法情况，规定经营者主动向政府价格主管部门报告达成价格垄断协议的有关情况并提供重要证据的，可以根据不同情况，免除或者减轻对其的处罚。
中国的垄断问题由来已久。据《中国经济新闻》2008年第5期报道，因为垄断现象的存在导致的通货膨胀造成了企业家信心的持续低落。而这两部法规的制定将有利于维护市场竞争秩序，一是有利于维护公平竞争的市场环境。竞争是市场经济的本质属性和基本特征。两部规章对《反垄断法》作了必要的细化，有利于准确判断各种价格垄断行为，把握处罚依据。二是有利于促使经营者自觉遵守法律。两部规章进一步界定了合法与违法的界限，明确了市场主体开展价格竞争应遵守的行为准则。三是有利于价格主管部门依法实施监管。两部规章对各种价格垄断行为的法律构成要件、表现形式、法律责任，以及执法程序等问题作出了比较具体的规定，有利于价格主管部门依法实施监管，准确分析定性，更好地实现反垄断法的立法目的。
According to the report of Economic Times on January 16th, "Anti-price-fixing provisions" and "anti-price monopoly law enforcement procedural requirements" will be implemented on February 1, 2011. The reason to develop and implement these two laws is that there are complex economic issue of monopoly in economy, such as price fixing agreements, abuse of market dominance, abuse of administrative power to eliminate or restrict competition and other issues. The existing "anti-monopoly law" is not sufficient to fully regulate these issues and government had to introduce these two regulations emergently to prevent further deterioration. Of these two laws, "Anti-price-fixing provisions" prohibit competition between operators to reach a fixed price or change the monopoly agreement. Besides, it has the rule that the operator is not allowed to reach with the counterparties a fixed resale price of goods and limited commodity minimum resale price agreements. According to the provisions of Article 17 of the "Anti-Monopoly Law," "Anti-price-fixing provisions" also classify the abuse of market dominance in terms of price to 6 categories. "Anti-price monopoly law enforcement procedural requirements" is some kind of procedure rules, which is to regulate the behavior of administrative law enforcement departments, the program system of acceptance of the report, investigative measures, management according to the law, suspension of investigation and leniency policy, and the responsibility of the competent pricing department. According to the law, all units and individuals have the right to report to the government pricing departments about the alleged price fixing behavior. To encourage operators to take the initiative to report violations of the law, it rules that according to different circumstances, the government could waive or reduce the punishment of operators who take the initiative to report to the government pricing departments about the agreement on price-fixing case and provide important evidence.
China's monopoly is a long-standing problem. According to the report of 5th issue of China Economic News in 2008, the confidence of entrepreneurs fell because of the inflation caused by monopoly. These two regulations will help maintain the order of the market competition. First, it could maintain the market atmosphere of fair competition, which is essential nature and basic features of market economy. The two laws made the necessary refinement of the "anti-monopoly law" and will help accurately determine the behavior of price-fixing as punishment basis. Second, it could prompt the operator to consciously abide the law. Two regulations further define the boundaries between legal and illegal; clarify the code of market players should comply with in carrying out price competition in the market. Third, it is helpful for regulatory authorities to conduct the price in accordance with law. Two rules make specific requirements on issues such as legal elements, forms, legal obligations, and enforcement procedures of various acts of price monopoly, which could help price regulatory authorities to regulate the market in accordance with law, make accurate analysis and achieve the purpose of antitrust legislation.
据《经济日报》1月16日报道，《反价格垄断规定》和《反价格垄断行政执法程序规定》将于2011年2月1日起实施。这两部法规制定和实施的原因就是因为存在于经济生活之中的复杂的垄断问题，比如价格垄断协议、滥用市场支配地位和滥用行政权力排除限制竞争等问题，现有的《反垄断法》不足以完全规范这方面的问题，所以国家紧急出台了这两部法规，阻止事态进一步恶化。其中，《反价格垄断规定》禁止具有竞争关系的经营者达成固定或者变更价格的垄断协议。此外，同时还规定，经营者不得与交易相对人达成固定商品转售价格和限定商品最低转售价格的协议。《反价格垄断规定》根据《反垄断法》第十七条的规定，将在价格方面滥用市场支配地位的行为细化为六种类型。而《反价格垄断行政执法程序规定》属于程序性规定，是规范价格行政执法部门自身行为的，对举报受理、调查措施、依法处理、中止调查、宽大政策等程序制度，以及价格主管部门的责任作了规定。根据规定，对涉嫌价格垄断的行为，任何单位和个人有权向政府价格主管部门举报。为鼓励经营者主动报告违法情况，规定经营者主动向政府价格主管部门报告达成价格垄断协议的有关情况并提供重要证据的，可以根据不同情况，免除或者减轻对其的处罚。
中国的垄断问题由来已久。据《中国经济新闻》2008年第5期报道，因为垄断现象的存在导致的通货膨胀造成了企业家信心的持续低落。而这两部法规的制定将有利于维护市场竞争秩序，一是有利于维护公平竞争的市场环境。竞争是市场经济的本质属性和基本特征。两部规章对《反垄断法》作了必要的细化，有利于准确判断各种价格垄断行为，把握处罚依据。二是有利于促使经营者自觉遵守法律。两部规章进一步界定了合法与违法的界限，明确了市场主体开展价格竞争应遵守的行为准则。三是有利于价格主管部门依法实施监管。两部规章对各种价格垄断行为的法律构成要件、表现形式、法律责任，以及执法程序等问题作出了比较具体的规定，有利于价格主管部门依法实施监管，准确分析定性，更好地实现反垄断法的立法目的。
According to the report of Economic Times on January 16th, "Anti-price-fixing provisions" and "anti-price monopoly law enforcement procedural requirements" will be implemented on February 1, 2011. The reason to develop and implement these two laws is that there are complex economic issue of monopoly in economy, such as price fixing agreements, abuse of market dominance, abuse of administrative power to eliminate or restrict competition and other issues. The existing "anti-monopoly law" is not sufficient to fully regulate these issues and government had to introduce these two regulations emergently to prevent further deterioration. Of these two laws, "Anti-price-fixing provisions" prohibit competition between operators to reach a fixed price or change the monopoly agreement. Besides, it has the rule that the operator is not allowed to reach with the counterparties a fixed resale price of goods and limited commodity minimum resale price agreements. According to the provisions of Article 17 of the "Anti-Monopoly Law," "Anti-price-fixing provisions" also classify the abuse of market dominance in terms of price to 6 categories. "Anti-price monopoly law enforcement procedural requirements" is some kind of procedure rules, which is to regulate the behavior of administrative law enforcement departments, the program system of acceptance of the report, investigative measures, management according to the law, suspension of investigation and leniency policy, and the responsibility of the competent pricing department. According to the law, all units and individuals have the right to report to the government pricing departments about the alleged price fixing behavior. To encourage operators to take the initiative to report violations of the law, it rules that according to different circumstances, the government could waive or reduce the punishment of operators who take the initiative to report to the government pricing departments about the agreement on price-fixing case and provide important evidence.
China's monopoly is a long-standing problem. According to the report of 5th issue of China Economic News in 2008, the confidence of entrepreneurs fell because of the inflation caused by monopoly. These two regulations will help maintain the order of the market competition. First, it could maintain the market atmosphere of fair competition, which is essential nature and basic features of market economy. The two laws made the necessary refinement of the "anti-monopoly law" and will help accurately determine the behavior of price-fixing as punishment basis. Second, it could prompt the operator to consciously abide the law. Two regulations further define the boundaries between legal and illegal; clarify the code of market players should comply with in carrying out price competition in the market. Third, it is helpful for regulatory authorities to conduct the price in accordance with law. Two rules make specific requirements on issues such as legal elements, forms, legal obligations, and enforcement procedures of various acts of price monopoly, which could help price regulatory authorities to regulate the market in accordance with law, make accurate analysis and achieve the purpose of antitrust legislation.