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Door of 3 greater part strengthens expert proposal antitrust harmonious communicate

September 6, 2008

　　“3 drive carriage ” antitrust expert suggests to strengthen harmonious communicate

Xiao Ming of reporter of our newspaper of exercitation reporter Chen Qian

On August 26, dong Zhengwei of solicitor of silver-colored attorney office tells our newspaper the reporter in Beijing, oneself apply for to have the application of antitrust investigation to Microsoft, had had prospect of a solution.

On August 21, application is submitted to 3 ministries and commissions in Dong Zhengwei, the proposal begins antitrust the 20th day after investigation to Microsoft, he receives an announcement formally: With the State Council ” 3 calm ” for plan accredit, union ” antitrust law ” execute the law division of labor, his application will by hair change appoint, industrial and commercial total bureau basically is in charge of carrying out, department of Commerce is responsible and harmonious carry out.

Current, department of Commerce, industrial and commercial hair of total bureau, country changes appoint had decided ” 3 calm ” plan, door of 3 greater part will create relevant orgnaization department respectively, each doing his own job, mutual and harmonious, comprehensive hand antitrust works.

And be in ” antitrust law ” carry out formally while, office of the State Council is announced with day established antitrust committee. According to understanding of our newspaper reporter, committee of antitrust of the State Council includes hair of the State Council, country to change appoint, Department of Commerce, industrial and commercial the important personnel such as total bureau.

Committee of antitrust of the State Council, it is a basis ” antitrust law ” hold water about the regulation, main responsibility includes to study protocol concerns competitive policy; Constituent investigation, evaluate the market overall competition state, release evaluate a report; Make, issue antitrust guideline; Harmonious antitrust administration executes the law the job.

　　 Antitrust ” 3 drive carriage “

Before this, dong Zhengwei the forestall behavior that once waited for an industry with respect to bank, railroad, had submitted a proposal to relevant ministries and commissions, but the rate of the reply is slower. In the meantime, relevant before ministries and commissions can according to ” value standard ” or ” consumer rights and interests protects a law ” will solve a problem, practical effect is not ideal.

But this, the 3 ministries and commissions that the country has worked to antitrust committee and antitrust of be assigned personal responsibility for have clear division of labor.

Duty of Department of Commerce includes ” center behavior to undertake antitrust is examined to operator lawfully, direct company should inform the work in foreign antitrust, begin communication of policy of much more bilateral competition and collaboration. Begin communication of policy of much more bilateral competition and collaboration..

The country is versed in commercial firm politics manages the duty of total bureau to include, “The antitrust that market of responsible forestall agreement, abuse controls power of administration of position, abuse to eliminate to limit competitive field executes the law the job () of except of price forestall behavior. Investigate the economy such as bribery of unfair competition, commerce, bootlegger illicit to violate act lawfully. Investigate the economy such as bribery of unfair competition, commerce, bootlegger illicit to violate act lawfully..

National hair changes appoint it is to the duty of antitrust ” investigate the price to violate behavior and price forestall behavior to wait lawfully ” .

Department of Commerce is this new establish antitrust bureau, industrial and commercial total bureau holds water newly antitrust and turn over bureau of law of shocking contest conflict, national hair changes appoint the price supervises examination department, investigate price forestall action lawfully; Hear the reconsidering case of price punishment and appeal case by the regulation.

3 branches establish relevant orgnaization to be begun to next antitrust jobs quite advantageous. One ” antitrust law ” the expert that draft tells a reporter, a bit the most important, it is to want to establish uniform standard in the light of specific issue, for instance identical examine and verify, decide mechanism. “To 3 branches, strengthen each other between communicate, of understanding and information share, crucial to the settlement of the problem. ” he says.

　　 3 ministries and commissions need to be coordinated each other

The work that is placed before committee of job of antitrust of the State Council and the antitrust orgnaization that 3 large sections establish is not simple.

After the State Council establishs antitrust committee, one of two big main jobs ” the regulation that the State Council declares a standard centrally about operator (draft) ” , already obtained the State Council the principle passed standing conference on August 1, another key works, ” job of committee of antitrust of the State Council is regular (the proposal stalks of grain) ” awaiting the State Council to approve.

The work of door of 3 greater part is quite heavy also. The country is industrial and commercial total bureau already began the regulations of form a complete set related argumentation, research and antitrust law, relevant orgnaization and execute the law of the team establish spreading out, countrywide industrial and commercial system turns over team of law of shocking contest conflict to will become the main force that antitrust executes the law formerly.

National hair changes appoint it is to had been finished ” turn over price forestall to set ” the job that draft, make ” antitrust law ” have operation sex more about the share that returns price forestall. Hair change appoint relevant controller points out, this draft is right in oligopoly price ” inequitable high price ” and ” inequitable low ” set quantitative standard respectively, enhance legal maneuverability. To low dumping, ” regulation ” develop innovation clearly according to the country appoint already promulgated before this ” the regulation that is about checking low dumping goes ” undertake cognizance.

And according to send this year change appoint the spirit of conference of price inspection job, national hair changes appoint Bi Jingquan of former vice director points out, value of industry of will normative this year forestall collects fees order, strengthen pair of telecommunication, postal, railroad, water supply, power supply, air feed, heating to wait for forestall industry value to collect fees superintend.

Nevertheless, have participate in ” antitrust law ” the expert that draft thinks, doors of next 3 greater part are carried out truly rise, harmonious effect is very main. For instance, industrial and commercial total bureau investigates abusive market to control positional behavior, hair to change appoint investigate price forestall action. And in abusing the market to dominate positional action, cause likely also by price forestall. Price forestall behavior includes forestall agreement likely already, also include the market to dominate positional action. Industrial and commercial total bureau and hair change appoint duty may appear across and jackknife. This needs industrial and commercial total bureau and hair change appoint had done harmonious coordinate the work.

In the meantime, to same a case is medium, an enterprise is suspected of the behavior of forestall, it is price forestall behavior likely already, have the presence that is not price forestall behavior likely also. “Below this kind of circumstance, after all the branch is carried out by which, it is good to also need many branches to do talk things over. It is good to also need many branches to do talk things over..

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Written by ITTech · Filed Under Instant Technology