The Central Committee For Development And Reform Commission Investigated The Central Bank'S Monopoly On &Nbsp; Netizens Appealed To Take Two Barrels Of Oil First.

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Local enterprises have been investigated and dealt with.

According to press reports, as early as 2008, the price fixing division of the NDRC was set up under the counter price monopoly and market supervision department to engage in anti price monopoly.

Since last year, the price inspection department of the NDRC has disclosed a number of illegal practices such as price collusion.

However, the NDRC has investigated and dealt with many local businesses. For example, since last year, the NDRC has investigated the actions of collusion between Nanning and Liuzhou rice producers and Xiamen catering and disinfection industries. In addition to the local enterprises, some of the state-controlled enterprises have occasionally been investigated and dealt with. For example, the Guangxi Feng Tang biochemical Limited by Share Ltd, which has recently been investigated, has hoarded up the price behavior. The data show that the enterprise is a state holding enterprise.

However, the above illegal activities are not directly related to the "anti-monopoly law", but mostly involve violation of the "price law" and "administrative penalties for price violations".

This time, it is the first time for the central enterprises to use the "anti monopoly law". Yesterday, the insiders of the NDRC, who did not want to be named, said that it was the first time to launch an antitrust investigation directly to the leading enterprises in an industry, and the first time for the central enterprises to launch an antitrust investigation.

Unlike other countries, our country has never had an independent antitrust investigation department.

Since the implementation of the anti-monopoly law in August 1, 2008, there are three anti monopoly regulators in China, namely, the antimonopoly Bureau under the Ministry of Commerce, the price supervision and inspection department under the national development and Reform Commission, and the Law Enforcement Bureau of the antimonopoly and unfair competition under the State Administration of industry and commerce.

The responsibilities and positioning of the three departments are different. The MOFCOM mainly monitors the concentration of operators in the process of mergers and acquisitions. The NDRC is mainly responsible for "investigating price violations and price monopolies" according to law, and SAIC is mainly responsible for the enforcement of monopoly agreements, abuse of dominant market position, abuse of administrative power and exclusion of restrictive competition (except price monopoly).

The Price Inspection Bureau of the development and Reform Commission set up an anti price monopoly and market supervision department as early as 2008, engaging in anti price monopoly.

In recent years, efforts have been intensified, such as requiring all provincial provincial price authorities to set up special functional departments to counter price monopoly this year, and to strengthen the building of talent teams and deepen communication with the news media.

In August this year, the price supervision department of the NDRC was also renamed the price supervision and Inspection Bureau and the antimonopoly Bureau. Recently, the Price Inspection Bureau of Guangdong Price Bureau has also been renamed the price supervision and Inspection Bureau and the antimonopoly Bureau.

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@ Mr. Zhao East (famous venture investor): news makes people feel surprised, really determined to anti monopoly? Really holding state holding company? Monopoly is difficult to have reasonable price, and hard to get good service. Telecom broadband industry is like this. PetroChina and SINOPEC are also like this. The oil price drops in the world will create oil shortage, and oil prices will rise immediately, which is well managed.

"Mad dog walking down the altar": the NDRC's investigation into China Telecom China Unicom's antitrust incident is just like a mother's education of two children who have grown up in public. Even if their children are wrong, what are they doing as parents? What should be considered should be parents, not children.

@ Gan Zeng Yu: we really hope that the NDRC's antitrust investigation on Telecom Unicom will not be carried out in a big way, and then end in silence.

@ Guangdong mobile phone users: support the NDRC.

If the market economy order can be integrated with the international market, it will be good.

@Zhzhok: there are two questions: 1, why not check China Mobile? Tietong? 2, high fees and slow speed is an indisputable fact. How to solve this problem?

Legal abstract

Suspected violation of articles 46 and 47

The NDRC insiders told reporters that the law on investigation is based on the "anti monopoly law".

The forty-sixth article of the anti trust law clearly stipulates that "if a business operator implements a monopoly agreement in violation of the provisions of this law, it shall be ordered by the antimonopoly law enforcement agency to stop the illegal activities, confiscate the illegal gains, and impose a penalty of one percent or less of the sales in the previous year."

The forty-seventh rule: "if an operator violates the provisions of this Law and abuses the dominant position of the market, the antimonopoly law enforcement authority shall order him to stop the illegal activities, confiscate the illegal gains and impose a fine of more than one percent or less of the sales amount of the previous year."

Questioning

Why not check "

The NDRC launched the first anti - monopoly investigation of the central enterprises and launched an anti - monopoly investigation which aroused great public concern. Many netizens also yesterday said: "now that oil shortage is so serious, why does the NDRC not investigate two barrels of oil?"

However, there is a view that the anti-monopoly law has given oil companies immunity and will not involve oil fields, so the relevant departments will not investigate and deal with several major oil giants.

In response to this, a drafting expert of the anti monopoly law who did not want to be named yesterday told reporters that the seventh article of the anti-monopoly law did express the "state owned economy as a controlling position, the industry of national economic lifeline and national security, and the industry that monopolizes monopolization according to law, and the state protects the lawful business activities of its operators", but this does not mean that oil companies have immunity.

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He explained that the popular explanation of the seventh statutes is that for some industries that the government has already given the administrative monopoly power and the products of price control, the antimonopoly law is no longer involved. For example, the government has made clear that the oil exploitation right of access is made by several large stone companies, and the price of refined oil is determined by the pricing mechanism.

However, he stressed that oil companies are relatively enterprises. In their operations, if there are abuse of market positions, such as forced tying or refusal to trade, they are monopolistic acts, which can be investigated by law enforcement agencies.

Statistics show that as early as in 2008, some private oil companies had raised "two barrels of oil" in the oil shortage, "cut off" suspected of refusing the paction, plans to put forward an antitrust accusation, but after that, it has nothing to do with it.

Expert voice

Anti monopoly is not to destroy an enterprise.

An anonymous expert who once participated in the drafting of the anti-monopoly law told reporters yesterday that "the enterprises in the survey are central enterprises and have monopoly colors, indicating that after the implementation of the anti-monopoly law, the law enforcement departments have really done their work, which shows that China's market economy is maturing."

He said that although there are historical reasons, Internet access is mainly done by several central enterprises, but this is an open market after all. The important rule of opening up the market is anti monopoly.

The goal of antitrust is not to destroy any enterprise. Its real purpose is to enable consumers to enjoy better services through fair market competition, that is, better prices and quality of calls.

The survey also gives a signal to all enterprises and markets that the government should promote a fair and competitive market environment.