State Council executive meeting yesterday in principle the "The People's Republic of China Antitrust Law (draft)." A member of the drafting group confirmed that the draft chapter on administrative monopolies are removed, including the concept of administrative monopoly, forms and other content, but it was still retained in the General Provisions in terms of administrative monopoly.
It is understood that the Bill provides that the prohibition of monopoly agreements, prohibition of abuse of dominant market position, and the monopoly of the investigation and handling of the content. The meeting decided to draft and then after further modifications, will be submitted to the NPC Standing Committee.
Two controversial issues
Made for the meeting, "further modify" the decision, the drafting group members said that because experts do not see text of the draft, it is impossible to determine what the State Department will make changes, but it shows in today's meeting, For discussion of the draft, "everyone's opinion is not entirely consistent, specific modifications have to wait until the NPC Standing Committee on the results to see."
Foreign Economic and Trade University Law School, Head of the Department of Economic Law Yong gave an interview to "First Financial Daily" telephone interview, said that the draft itself, there have been two controversial issues: administrative monopoly and law enforcement agencies to set.
"The issue of administrative monopoly, we all unanimously against." Yong said, but how specific anti-, is still controversial. There are views that should be given clearly defined in the legislation, and oppose efforts to increase; another view, this problem does exist though, but the reality in China is not readily resolved, advocates "step by step" .
For law enforcement agencies set up, Huang Yong and members of the drafting group that would like to refer to international experience, China set up an independent, stronger and more authoritative law enforcement agencies. "This will make the relative concentration of decentralized law enforcement powers, thereby strengthening law enforcement, law enforcement efficiency and coordination." Huang Yong, a foreign trade where the center is currently the University of competition law enforcement agencies on issues such as multi-level set of.
Coordination is the key parties
"It is important because the status of the Act, the State Council in the legislative process has been very seriously listen to the views." The experts told reporters that the State Department has done a lot of work early and heard from various departments, enterprises, experts and other views and invited well-known experts of foreign intervention, called a special meeting last May International Conference on Antitrust Law, and international organizations developed countries studied.
Huang Yong told reporters from home and abroad for the voice of the State Council attached great importance, mainly due to the scope of the law is too broad, "not only involve the public and private rights and the unity of opposites between the rights, but also from abroad and domestic market competition among enterprises. "
Huang Yong believes that both the development and future implementation of the law, must adhere to the following adjustment of the legal relationship. Including the coordination of industrial policy, trade policy coordination, and coordination of intellectual property law. There is also a very important of Wen Ti, is "the future of law enforcement agencies and industry regulators may arise between the contradictions", and these should be adequately coordinated programs are given.
"Antitrust Law" has been hailed as market economy country "economic constitution", now nearly 90 countries worldwide promulgated and implemented, it is to solve the economic life of the monopoly and restriction of competition, fair competition, consumer protection the legitimate rights and interests of a law enacted. Unlike Western countries, because of China's market economy not by the gradual development of free competition, monopoly economic model, but by the planned economy of the industrial monopolies to a competitive market economy, therefore, administrative monopoly is the political and economic a unique phenomenon. [More]
"Antitrust Law" and "Anti-Unfair Competition Law" similarities and differences
Relative to the early enactment of the "Anti-Unfair Competition Law," the starting point in the anti-monopoly law, protection of objects, are all different.
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