The Central Economic Work Conference held in June, 5438+February, 2020 emphasized "strengthening anti-monopoly and preventing disorderly expansion of capital"; Immediately, Ali, reading, and beehive boxes were subject to anti-monopoly penalties; On February 7th this year, the Anti-monopoly Guide of the State Council Anti-monopoly Committee on Platform Economy was issued. This government work report and the draft outline of the 14 th Five-Year Plan once again mentioned anti-monopoly. The government work report once again reiterated "strengthening anti-monopoly and preventing disorderly expansion of capital".
The expression of anti-monopoly in the draft outline of the 14th Five-Year Plan is more specific, in which it is mentioned that it is necessary to strengthen the economic supervision of Internet platforms according to laws and regulations, clarify the positioning and supervision rules of platform enterprises, improve the legal norms of monopoly determination, and crack down on monopoly and unfair competition. Yu Miaojie, secretary of the Party Committee of the National Development Research Institute of Peking University, believes that both the government work report and the "14 th Five-Year Plan" mention anti-monopoly, which is actually a result. "The main purpose is to create an open, just and fair market environment, and prevent enterprises from obtaining monopoly status and exercising monopoly pricing through improper means, which will lead to inefficient market output and further harm the interests of consumers.
He told the reporter of 2 1 century business herald. Lawyer Wang Qiongfei of Zhejiang Kenting Law Firm believes that anti-monopoly is an important means to solve the problem of eliminating and restricting competition from the perspective of optimizing the market environment. Strengthening anti-monopoly means that the government will use anti-monopoly more as a legal weapon, eliminate unfair competition, establish a fair competition mechanism, stimulate market vitality and encourage innovation. Constructing the implementation mechanism of competition policy before, during and after the event "Insist on encouraging competition and opposing monopoly, improve the framework of competition policy, and build the implementation mechanism of competition policy covering all aspects before, during and after the event. "
It is pointed out in the draft outline of the 14 th Five-Year Plan. Deng explained to the reporter of 2 1 Century Business Herald that the implementation mechanism of China's competition policy includes the implementation mechanism of anti-monopoly and anti-unfair competition policies, involving all links before, during and after the event. Among them, it includes the centralized declaration system of M&A transaction operators and the fair competition review system of administrative policies beforehand.
The former means that once the M&A transaction meets the declaration standard, it must submit an anti-monopoly declaration in advance and be approved by the examination organ, otherwise the transaction may not be implemented; The latter means that before the introduction of administrative policies, fair competition review must be carried out, and it can only be implemented if it is considered that it does not have the effect of excluding or restricting competition.
During and after the event, it includes anti-monopoly investigation and punishment of monopoly agreements, abuse of market dominance, unauthorized implementation of concentration and administrative monopoly, and investigation and punishment of unfair competition.