Code of first form a complete set cuts antitrust way come on stage

August 19, 2008

Wait for special industry to bank, insurance ” operator is centered ” declare a standard, ” regulation ” draw lessons from international current practice.

Yesterday, website of government of the State Council was announced to the society ” the regulation that the State Council declares a standard centrally about operator ” (the following abbreviation ” regulation ” ) . This ” set ” for on August 1 already become effective carries out ” antitrust law ” one of code of form a complete set.

Regard the first form a complete set that appear as code, ” regulation ” declare clearly ” doorsill ” . Announce finally ” regulation ” will release March this year ” the regulation that the State Council declares centrally about operator (ask for an opinion to stalk of grain) ” (the following abbreviation ” ask for an opinion to stalk of grain ” ) cut down 19 times it is 5 of present, its content includes merely most pressing it is important to mix ” operator centers declare a standard ” problem. To this, many expert expresses to morning paper reporter, “Thick lines ” ” antitrust law ” detailed rules and operation standard are implemented related urgent need, and declaring a standard is one of most serious content, publish those who be helpful for antitrust law to carry out the effect as soon as possible. And ” cut dropped content ” can be in farther ” mature ” hind announce.

Heaven and earth and Ren Yong of attorney office director express, ” ask for an opinion to stalk of grain ” medium a few otherer content is very serious also, but the likelihood is shown slightly ” feeble ” , the government is probable ” additional monarch one chapter ” detailed ground makes a provision.

　　 Two kinds of circumstances need to declare

5 ” regulation ” aim to make clear what operator centers to declare a standard. Basis ” set ” , operator is to point to following scenario centrally: Operator is amalgamative; Operator is passed acquire equity or the control that the means of asset gains pair of other operator counterpoises; The control that operator gains pair of other operator through the means such as the contract counterpoises or can bring to bear on to other operator definitive impact.

” set ” the level that divides an operator concentration that stipulated need declares: It is, on all operator that participate in concentration one financial year is in the turnover inside global limits is total more than 10 billion yuan of RMB, and among them on at least two operator one financial year all exceeds 400 million yuan of RMB in the turnover of Chinese churchyard; 2 be, on all operator that participate in concentration one financial year is in China the turnover of churchyard is total more than 2 billion yuan of RMB, and among them on at least two operator one financial year all exceeds 400 million yuan of RMB in the turnover of Chinese churchyard. Operator is achieved centrally among them of a standard, ought to be in charge of a branch to declare to business affairs of the State Council beforehand namely, undeclared must not carry out concentration, undeclared cannot carry out concentration.

This, ” regulation ” made clear operator to center ought to to ” business affairs of the State Council is in charge of a branch ” declare, and ” ask for an opinion to stalk of grain ” be being stated mediumly is ” antitrust of the State Council executes the law orgnaization ” . This from another angle confirm, the antitrust that business affairs part is versed in responsible operator is centered executes the law to had been made clear.

　　 “Doorsill ” change somewhat

With what released this year in March ” ask for an opinion to stalk of grain ” photograph comparing, ” regulation ” decide finally ” operator is centered ” declare a standard to rise somewhat. ” ask for an opinion to stalk of grain ” the standard that give out is, the turnover inside global limits exceeds 9 billion yuan of RMBs, the turnover of Chinese churchyard exceeds 1.7 billion yuan of RMB, and among them at least two operator all exceed 300 million yuan of RMB in the turnover of Chinese churchyard.

When heaven and earth and Ren Yong of attorney office director accept morning paper reporter to interview, express, “Doorsill ” the problem stands on different position, can have different view: The business that cross a state can feel the threshold is too high, and the government hopes probably to be examined more a few.

Of course, “Doorsill ” also not be invariable. Many participate in the expert that draft to express, should develop measure of size of level, market, industry and dimensions and antitrust to execute the law according to each country economy the circumstance such as experience is made adjust.

To this, legal system of the State Council does to also make farther specification: At present each national capital still does not have completely reasonable, accurate method to come to what decide operator is centered beforehand to declare a standard, it is the standard that sets a cardinal principle first, adjust again in time according to actual condition. “After the operator of our country declares a standard to apply for some time centrally, if improper, can in time adjust. Can in time adjust..

And the near future hands over portion of radicals by which characters are arranged in traditional Chinese dictionaries of Chinese business affairs to apply for ” two develop ” amalgamative case, in according with the State Council to set ” operator is centered ” declare a standard. On one money year first half of the year, need and need develop is in China turnover breaks through 4 billion dollar, predict annual is in this year China turnover will even more 10 billion dollar, force develop is in China turnover number is quite huge also. To application, in steel assist standing vice-chairman Luo Bing is born to already made clear the steel in expressing assist already offerred to reject this amalgamative proposal to Department of Commerce.

　　 Must declare an enterprise not to exceed 4%

Declare a standard to be had surely really ” sex of be in a dilemma ” , declare a standard to be decided too lowly, operator is about to declare at every turn centrally examine and approve, go against an enterprise to produce dimensions beneficial result through concentration, also can increase antitrust to execute the law the burden of the orgnaization and cost; And declare a standard to be decided exorbitantly, go against again prevent and check excessive center and form forestall.

Yesterday, legal system of the State Council does chief ” regulation ” make specific when unscrambling, say: According to this standard, on one hand of enterprise of above of limitation of our country great majority buy an activity not to need to declare, at the same time OK the operator with a bigger dimensions is brought into centrally declare limits, prevent the consequence that generation eliminates or limitation competes.

Before this, legal system of the State Council does to ever expressed, the data of annals of main 2006 unit that provides according to national statistic bureau, course of study of our country manufacturing industry, excavate, electric power, gas, traffic is carried, storage and postal job, bldg. and wholesale in 440893 enterprises with above of retail industry limitation, year turnover is not worth 426918 400 million yuan, occupy about 96.8% ; Year turnover is in 400 million yuan of above, insufficient 13248 5 billion yuan, 5 billion yuan of above are not worth 426 10 billion yuan, 301 of 10 billion yuan of above, add up to is occupied about 3.2% . Via rough estimation, bring into the company place that declares limits to occupy per cent not to exceed 4% .