” antitrust law ” carry out why to if face archenemy,see domestic tycoon

August 15, 2008

The long China that brewed 14 years ” antitrust law ” rose to be carried out formally on August 1. The enterprise uses market monopoly position to operate the behavior of the price, will be regarded as to break the law from now on. Insecurity of the tycoon that cross a state prepares for war, if face archenemy. Guest of rich of many science and technology guesses think, microsoft will become the first defendant. Before a week, the public relations personnel of Microsoft reacts in what understand people everywhere, microsoft emphasizes its contribution to Chinese Information Industry again and again, “We ensure hard all the time the legal system ” that abides by concerned fairness to compete. Nevertheless, microsoft also did not forget to be alluded in material, in view of ” antitrust law ” measure of form a complete set has not come on stage, guess its carry out the effect to be vogue right now early, people appears too anxious pull Microsoft. (” Beijing morning paper ” on August 1)

Antitrust law comes on stage, microsoft is very nervous. The insecurity of Microsoft comes from the bitter experience that remember to the end of one’s life. Last year in October, microsoft is taken in a lawsuit that lasts 9 years soft, the —— of antitrust punishment decision that accepts an European Union to be made to its cloudily is as high as 7 one piece. Of 7.7 billion euro punish sheet. Even if is in the United States home, microsoft also suffers the pain that forestall censures fully, for instance by fractionation. Going up early century 90 time, microsoft because of market forestall behavior, be sued by American judiciary, although after many struggle, lawsuit still is accused be defeated. Had been bitten for many times by ” snake ” , lv and the China that having great market already implemented antitrust law, microsoft is natural extremely suspicious, terrified is disturbed.

Actually, not only Microsoft, a few tycoons that cross a state, to antitrust law carry out the awe-stricken psychology with have definite, distinction depends on rate size only just. The scene after this one act and draft of current labor contract law are announced, how likeness. Because of its exert oneself change endowment strong fatigue loses the legislative spirit of the situation, this draft justs to be announced, suffer the opposition of enterprise of a few foreign capital, they or it is with removing endowment photograph browbeats, or say to want to transform the company other country in order to make reprisals, use interest group go about selling an idea again later, the intent lets labor contract law continue to tilt to those representing capital.

Look now, say on certain level, the insecurity of foreign capital is a bit indescribable, the fact also proves to they are false alarm. Establish labour union to be with the foreign enterprise again exemple, according to native land law, no matter domestic company still is a foreign enterprise, should establish labor organization, but the foreign enterprise does not agree unluckily, or shuffle, or is apathetic. This makes a person incomprehensible really, these foreign enterprises are in a country in its, conscientiously of all without exception establishs labour union, why to go to China, change greatly with respect to face?

The reason is very simple. In those country, labour union has strong challenge consciousness, they for defend worker interest, dare to cry to influence board, dare to challenge company leader, the enterprise can’ts bear character because of this suffering. In this kind of environment long-term edify falls, of Wei of company controller nature be like a tiger. Invest to China, hear of suddenly also should establish labour union, with respect to the fear like can conditional reflex, stem from natural nature with respect to spurn. In fact, this is ” illusive ” . Can be in China, had seen a few labour union cries with the company board?

Look so, it is foreign capital does not know Chinese national condition. If face archenemy phase,compare with Microsoft, tycoon of a few forestall is rare however a look of fear, should not say to be answered actively more, they bear with equanimity, the bat that also perhaps won’t think of antitrust law at all can be hit to their buttock. Reason is very simple also, long practical experience makes their heart knows abdomen bright, antitrust law also won’t hurt its soft on the human body instead again, should not say its bones and muscles more. They ate sth capable of comforting sb early: The object that antitrust law sword points to is forestall behavior, is not rig business. And, be in early a certain number of before New Year, a senior personage of function branch firm say, china does not have rig business, the state-owend enterprise did not have the industry such as forestall —— oil, telegraphic, electric power to had formed structure of a main competition, have which is forestall hardly. Have power support, the have nothing worry about of rig business nature with difficult day of bad-mouth of in the bookshops, how to enjoy the advantage of forestall, why to need perturbed?

Before law, uniform and equal. Legal both neither can be right the bestow favours outside domestic law of enterprises, also won’t let a foreign enterprise enjoy exceed national salary. Sincere if antitrust law revises law of competition of university of politics and law of the expert that examines panelist, China,Shi Jianzhong of research center director is weighed, “If we stare at a foreign enterprise only and apolaustic home company, it is the harm that develops to ethical economy actually, is not protection. “If inside and outside has,fasten, the legal honor of antitrust law and hard to avoid of legislative original intention can be harmed.

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