· Promote the revision of the Anti-Monopoly Law. Six anti-monopoly guidelines, such as automobiles, will be introduced as soon as possible.

At the China Competition Policy and Law Annual Meeting (2016/2017) held on January 12, Han Chunlin, deputy director of the Anti-monopoly Bureau of the Ministry of Commerce, said that to effectively promote supply-side structural reforms, it is necessary to further strengthen anti-monopoly law enforcement and eliminate market barriers. Effective monopolistic behavior to maintain fair competition in the market.

Li Qing, deputy director of the Price Supervision, Inspection and Anti-Monopoly Bureau of the National Development and Reform Commission, revealed that the National Development and Reform Commission will promote the introduction of six anti-monopoly guidelines including the Anti-Monopoly Guide for the Automobile Industry as soon as possible, and promote the revision of the Anti-Monopoly Law to study fair competition. The legalization path of censorship.

Huang Yong, advisory member of the expert group of the Anti-monopoly Committee of the State Council and director of the Competition Law Center of the University of International Business and Economics, introduced the 21st Century Business Herald reporters. As of the end of 2016, the State Council’s Opinions on Establishing a Fair Competition Review System in the Construction of the Market System ( Following the introduction of the "Opinions", 12 provinces and municipalities such as Jiangsu, Beijing, Hubei, Shaanxi, Liaoning, and Ningxia have successively issued opinions on the implementation of the corresponding fair competition review system.

Antitrust cases have increased significantly

At the meeting, the three departments reported on the specific progress of the 2016 national anti-monopoly law enforcement case.

In 2016, affected by the rapid growth of the M&A market, the number of cases examined by the Ministry of Commerce increased significantly. A total of 378 centralized declarations were received from operators, 360 cases were filed, and 395 cases were closed, up 7.4%, 6.5% and 19% respectively. Both have created a new high since the implementation of the Anti-Monopoly Law.

From the perspective of industry distribution, the manufacturing industry accounted for the largest proportion, accounting for 53%, of which semiconductor, communications, and high-end manufacturing grew rapidly; from the case type, horizontal mergers accounted for the highest proportion, accounting for 40% of the cases concluded; According to the situation of centralized operators, domestic M&A cases accounted for 53%.

Since 2016, the National Development and Reform Commission and the provincial price authorities have increased anti-monopoly law enforcement and investigated and dealt with more than 10 price monopoly cases in various fields, mainly in the fields of medicine, public utilities and consumer goods.

In 2016, the National Development and Reform Commission completed a survey of 17 administrative monopoly cases, including the investigation of unified construction and unified charging in the construction and management of new residential district power supply facilities, and urged 12 provincial government departments to control the Anti-Monopoly Law. And the fair competition review system adjusts relevant policies, and currently 10 cases have been rectified. According to incomplete statistics, local governments have investigated 21 administrative monopoly cases in accordance with the law, and have already concluded.

Zhang Mao, director of the State Administration for Industry and Commerce, had previously introduced that in 2016, the industrial and commercial authorities jointly filed 14 cases of suspected monopoly cases and closed 12 cases. Among them, the investigation and punishment of the abuse of market dominance in Tetra Pak, a fine of 668 million yuan, has been widely concerned by the society.

Lu Wanli, deputy director of the Anti-monopoly and Anti-Unfair Competition Enforcement Bureau of the State Administration for Industry and Commerce, introduced that from April to October 2016, the industry and commerce department organized a special enforcement action to centralize rectification of public enterprises to restrict competition and monopolistic behavior, and severely investigate and punish water supply. , power supply, gas supply, public transportation, funeral and other industries overcharging, compulsory trading, etc., 1,267 cases filed, the case value of 1.9 billion, 585 cases closed, punishable amount of 167 million yuan, supervising public enterprises to repay more fees and reduce consumers The operator lost 470 million yuan.

Lu Wanli revealed that this year, the newly authorized provincial-level industrial and commercial authorities filed a case for suspected monopolistic conduct, including 5 cases of suspected monopoly agreements and 10 cases of suspected abuse of market dominance, including industries such as medicine, tobacco, radio and television, insurance, and petroleum. Gas, power supply, computer software, home building materials and telecommunications and other areas of people's livelihood; 9 cases were closed, including 3 anti-monopoly agreements and 6 cases of abuse of market dominance.

Six anti-monopoly guidelines introduced as soon as possible

The three departments made a brief outlook on the anti-monopoly work in 2017.

Han Chunlin revealed that in 2017, he will pay close attention to the new trend of the M&A market, and prohibit or restrict restrictive mergers and acquisitions in order to revitalize the real economy. Coordinate the relationship between anti-monopoly law enforcement and industrial policies, and create conditions for SMEs to participate in market competition fairly.

Li Qing said that in 2017, the implementation rules for fair competition review will be studied, and the review criteria will be refined and the review mechanism will be clarified. Strictly assess accountability, report to departments and regions that are not well implemented, investigate the responsibility of relevant responsible persons, and resolutely prevent the introduction of new policies and measures to eliminate competition.

According to the requirements of the "Opinions", the provincial governments should promptly study and formulate specific work measures and measures for the fair competition review, and gradually open them within the administrative region from 2017 to guide the municipal and county-level people's governments and their departments to conduct fair competition. Review.

Lu Wanli introduced that in 2017, he will continue to pay attention to and study the competition issues in key areas and emerging industries, continue to do a good job in the investigation and handling of major monopoly cases, and strengthen the investigation and implementation of restrictions on the elimination of competition in the industry sector where people's livelihood is closely related. The abuse of administrative power and the exclusion of competitive behavior.

At the same time, the above-mentioned responsible persons of the three departments jointly mentioned that they should promote the introduction of six anti-monopoly guidelines as soon as possible, cooperate with the Legislative Affairs Office of the State Council and promote the revision of the Anti-Monopoly Law.

Li Qing revealed that the preparation of the six anti-monopoly guidelines is nearing completion. Among them, the “Agricultural Anti-Monopoly Guidelines for Abuse of Intellectual Property Rights” has been submitted to the Office of the Anti-monopoly Committee for drafting; “Guidelines for the Commitment of Anti-monopoly Case Operators”, “Guidelines for the Application of Ligaments in Horizontal Monopoly Agreements”, “Guidelines for Anti-monopoly in the Automotive Industry”, The Guide to General Conditions and Procedures for Exemption from Monopoly Agreements has entered the signing process and is in further communication with the relevant authorities; the Guidelines for Determining Illegal Income and Explicit Penalties will be signed by all member units.

"The automobile industry is in the transition period from the national industrial policy to the free competition policy. The introduction of the "Anti-monopoly Guidelines for the Automobile Industry" can prevent and stop the monopolistic behavior of the automobile industry in a timely manner and promote the healthy development of the industry." Huang Yong analysis.

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