The Implementation Of The Antimonopoly Law Since August 1St, The Three Major Departments Clearly Defined The Division Of Labor
[Planning] anti-monopoly law has been implemented since August or is facing "multi head supervision".
Because the power of antitrust is shared by three departments, there may be doubts about coordination and efficiency.
Some experts believe that the solution of procedural problems depends on the joint efforts of all sides and the formulation of a complete judicial interpretation and implementation rules.
The antimonopoly law, which will be formally implemented tomorrow, finally ushered in a clear division of labor at the last moment.
Yesterday, SAIC issued a message on its website. According to the provisions of the "three fixed" (fixed functions, fixed establishment and fixed establishment) of the Bureau, the bureau established the "anti monopoly and Anti Unfair Competition Law Enforcement Bureau", which is responsible for the specific work of the implementation of the anti-monopoly law.
At this point, the law enforcement agency of the antimonopoly law further clarified that the SAIC is responsible for monopolizing agreements, abusing the dominant market position, abusing administrative power and excluding monopoly competition (except for price monopoly agreements). The NDRC will be responsible for investigating the price monopoly agreements according to law, and the Ministry of Commerce is responsible for the antitrust review of the concentration of operators.
Regarding this, Qiu Yuxia, director of the de Heng Law Group Office, yesterday interviewed the first financial daily, and said: "at present, three parallel ministries and commissions bear three examination rights. We are worried that this setup may lead to more complicated procedures and lower efficiency in practice."
Si Weijiang, director of Shanghai Da Bang law firm, told reporters that because the power of antitrust is shared by three departments, there may be doubts about coordination and efficiency. In addition, because the relevant rules concerning the anti-monopoly law have not come out, the legal provisions may be limited by principles too strong and easy to be built up, and the professional strength of the courts in such cases is not strong enough, so even if the law comes into force in August 1st, the effect will need to be observed.
Tripartite confrontation
It is still a big question whether these ministries can distinguish their respective functions and powers. Many problems, including the declaration standards, deserve attention. An anti monopoly law expert said in an interview with our reporter.
Qiu Yuxia believes that such parallel settings may lead to mutual evasive phenomena in actual cases. Prior to the completion of the relevant cases to the end of the Ministry of Commerce, even though the future situation is hard to predict, we will wait and see what the SAIC and the NDRC do.
As a matter of fact, foreign enterprises are more concerned with institutional setup than domestic ones. Tao Jingzhou, a lawyer for the JonesDay law firm interviewed by our reporter, said that one of the concerns that dozens of multinational companies had consulted on the enforcement of the anti trust law was how to deal with the supervision of the three law enforcement agencies.
The director of the Fair Trade Bureau of the State Administration for Industry and Commerce said that the newly established anti monopoly and Anti Unfair Competition Law Enforcement Bureau will take the following tasks: formulate specific measures and measures for anti-monopoly and anti unfair competition, and organize the implementation; investigate and deal with cases involving monopolistic agreements (except for price monopoly agreements) and abuse of dominant market position in the whole country, stop abusing administrative power and exclude restrictive competition activities, be responsible for the organization and coordination of investigation and handling of the above antimonopoly major cases, participate in the antitrust examination of the concentration of the operators, and supervise the major cases and typical cases.
In terms of anti-monopoly law enforcement teams, the original anti unfair competition law enforcement team of the national industrial and commercial system will become the main force of anti-monopoly law enforcement.
However, so far, two other bodies have not yet established specialized agencies.
After the news conference of the twelfth China International Investment and Trade Fair held last Thursday, a reporter asked the Assistant Minister of Commerce Wang Chao, who was attending the meeting, to inquire about the progress of the establishment of the antimonopoly Bureau, and he did not disclose the details.
Qiu Yuxia hoped that the executive organization should be set up in a "poor level, or specially set up an antitrust review office" and so on. In this way, we can avoid wrongdoing in the actual handling of the case. "Otherwise, we may need to sign and seal back and forth".
Expectation of "procedure"
It is also expected that the procedures for antitrust censorship will be further clarified.
Qiu Yuxia believes that this will help to promote the implementation of the law.
"But what we see is very vague at the moment."
The legal experts told reporters.
Yesterday, in the past 7 years, the Chinese Chamber of Commerce of the United States, which was invited by the Chinese government for many times to provide written comments and suggestions on the draft anti-monopoly law, also issued a statement, welcoming the entry into force of the anti-monopoly law, and considered that the implementation of the law is a positive step taken by China in the process of market based economic development.
However, Gimoman, chairman of the China Chamber of Commerce in the United States, said in an interview with our reporter: "the introduction of the anti monopoly law is only the first step for the establishment of a comprehensive competition system across the country." JamesZimmerman
We look forward to further initiatives to clarify various issues related to the application of the law, such as procedural provisions, enforcement mechanisms, abuse of intellectual property rights and punishment measures for pactions based on competition and national security.
The above experts believe that the solution of procedural problems can only be hoped for "joint efforts of all sides to formulate a complete judicial interpretation and Implementation Rules".
According to the General Administration of industry and commerce, the supporting regulations related to the antimonopoly law have been demonstrated and studied, and the establishment of relevant institutions and law enforcement teams will start from the aspects of organization, personnel and training.
Although the situation of the Ministry of Commerce and the national development and Reform Commission is not yet clear, the next step of the anti-monopoly and Anti Unfair Competition Law Enforcement Bureau of the SAIC has been clarified.
The director of the Bureau said that the plan includes: early establishment of law enforcement system for industrial and commercial competition, establishment of a hierarchical and focused law enforcement network, improvement of supporting regulations, establishment of a centralized command and coordination system, and promotion of the establishment and improvement of regional law enforcement cooperation mechanisms.
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