The prevention and control of materials, important people's livelihood commodities and other anti-monopoly law enforcement key
market supervision bureaus crack down on the prevention of epidemic prevention and control and the resumption of production and production monopoly
Core reading
At present, it is a critical period for epidemic prevention and control and resumption of production and production. Enterprises are "bringing together to heat up" and are prone to behaviors that disrupt the market competition order, and even have a monopoly risk. To this end, companies need to strengthen communication with antitrust law enforcement agencies, seek legal guidance, and avoid the risk of illegality.
□ Our reporter Wan Jing
Recently, the State Administration of Market Supervision released the "Announcement on Supporting Epidemic Prevention and Control and Resuming Production and Anti-monopoly Law Enforcement" (hereinafter referred to as "Announcement"). The "Announcement" clearly made prevention and control of materials, public utilities, and important people's livelihood commodities a top priority in anti-monopoly law enforcement during the epidemic prevention and control, and severely cracked down on monopolies that impeded epidemic prevention and control and resumption of production and production.
Experts believe that the market environment of fair competition is an important basis for enterprises to resume production and resume production, fully restore the order of production and life, and maintain stable economic operation. The more special times and difficult times, the more market players expect fair competition, the more private enterprises and SMEs need fair competition. To support epidemic prevention and control and resumption of production and production, greater efforts must be made to create a fair and competitive market environment.
Prevention and control materials become the focus of law enforcement
Recently, the General Administration of Market Supervision investigated and dealt with a major typical case of abuse of market dominance in the field of APIs, and imposed administrative penalties on three calcium gluconate API distributors for monopolistic behavior, with a total of 325.5 million yuan in fines. This is China's largest anti-monopoly ticket in the field of raw materials this year. Calcium gluconate injection is a national essential medicine, a clinically necessary drug, and is a commonly used low-cost medicine. The calcium gluconate raw material for injection is the basic raw material for the production of calcium gluconate injection.
Fair competition in the market order is essential to maintain stable prices and adequate supply of prevention and control materials and important livelihood commodities.
The Announcement clearly sets prevention and control materials, public utilities, and important people's livelihood commodities as the top priority of anti-monopoly law enforcement during epidemic prevention and control, severely cracks down on monopolistic behaviors that hinder epidemic prevention and control, and resume production and production, and effectively protect the epidemic prevention and control material market Fair competition and safeguard the vital interests of the people.
For masks, medicines, medical devices, anti-killing supplies and other prevention and control materials and raw and auxiliary materials, water supply, power supply, gas supply and other industries and fields closely related to people's livelihood have coordinated price increases, limited output, market segmentation, joint boycotts, Monopoly agreements such as fixed or limited resale prices, as well as unfair high prices, refusal to trade, limited transactions, tying or attaching unreasonable trading conditions, differential treatment and other abuses of market dominance, market supervision departments will strictly investigate and deal with them in accordance with the law. , And publicly expose typical cases in a timely manner, fight against the outbreak of "epiphany" and make no palliative actions, and provide a solid guarantee for epidemic prevention and control and resumption of production and production.
It is reported that during the epidemic prevention and control period, anti-monopoly law enforcement agencies in some countries and regions have increased law enforcement efforts in the fields of prevention and control of materials and important people's livelihood commodities, and severely cracked down on illegal activities that use the epidemic situation to obtain monopoly benefits.
Chen Qunfeng, a professor at the Law School of Central University for Nationalities, pointed out that in the current epidemic situation, the production enterprises of epidemic prevention materials and important civil commodities should also take into account their social responsibilities while pursuing economic benefits, especially during the economic recovery period after the epidemic. A total of difficulties are overcome. How to find a balance between business interests and business ethics is the current consideration of every operator. But the bottom line is to abide by national laws and regulations and maintain fair competition in the market.
Establish a green channel for review
According to the relevant person in charge of the General Administration of Market Supervision, during the epidemic prevention and control period, the regulatory authorities received suggestions from some companies that they hope to speed up the centralized review of operators, help resume work and resume production, as well as the reflection of suspected monopoly issues related to the price increase of epidemic prevention and control materials. In order to ensure the normal mergers and acquisitions between enterprises, reduce the transaction costs of enterprises, and improve the efficiency of the centralized inspection of operators, the General Administration of Market Supervision has taken many measures to expedite the examination of concentrated cases of operators involved in the prevention and control of epidemic situations and resumption of production.
These measures include: the implementation of off-site declaration. The declarant can submit the application materials and supplementary question replies via e-mail, if it is not convenient for online processing, it can be mailed. The General Administration of Market Supervision accepts notices, supplementary document lists, case filing notices and review decisions can be delivered via e-mail or fax, while reducing the concentration and movement of personnel and improving the efficiency of filing, case filing and review.
Establish a green channel. In the fields of pharmaceutical manufacturing, medical equipment and equipment manufacturing, food manufacturing, transportation, wholesale and retail, which are closely related to epidemic prevention and control and basic people's livelihood, catering, accommodation, tourism and other industries that are heavily affected by the epidemic, and for resumption of production The implementation of the concentration of business cases, the General Administration of Market Supervision established a green channel for review, speed up the review in accordance with the law, and provide strong support for corporate mergers and acquisitions.
Strengthen the guidance throughout. The General Administration of Market Supervision maintains high-frequency interaction with operators through telephone conferences and e-mails, and provides full guidance for operators to submit complete declaration documents and materials. After the basic documents are complete, the case is filed for review at the first time, effectively reducing the review time, Improve review efficiency.
These measures have exerted positive effects. In the first quarter of this year, the General Administration of Market Supervision received 111 centralized declarations from operators, 113 cases filed, and 111 cases concluded, an increase of 4.7%, 6.6%, and 0.9% year-on-year; the average time for finalization was 8 days shorter than last year, a decrease of 26.9%. It saves transaction time, reduces transaction costs, and strongly supports epidemic prevention and control and resumption of production.
In this regard, Chen Qunfeng said that the market supervision department is both a supervision department and a service department. To strengthen compliance guidance and services for business operators, respond to the anti-monopoly demands of enterprises in a timely manner, help enterprises overcome difficulties and resume production, incorporate supervision into services, and reflect the rigidity and flexibility of anti-monopoly law enforcement.
Guide operators to establish compliance systems
Operators consciously carry out antitrust compliance, which is an effective measure to prevent monopolistic behavior from the source.
Sheng Jiemin, a professor at Peking University Law School, believes that at the critical period of epidemic prevention and control and resumption of production and resumption of production, enterprises are often prone to behaviors that disrupt the market competition order and even have a monopoly risk. Therefore, companies must strengthen their own legal risk research and judgment. In addition to understanding industry policies from industry authorities, they also need to strengthen communication with antitrust law enforcement agencies and seek legal guidance to avoid illegal risks.
According to the relevant person in charge of the General Administration of Market Supervision, during the epidemic prevention and control period, the General Administration of Market Supervision encourages and guides operators to establish and improve anti-monopoly legal compliance systems, supports industry associations to strengthen industry self-discipline, reduce operator compliance costs, and improve operator awareness. Observe anti-monopoly laws and regulations, the awareness and ability to develop market competition fairly, minimize the occurrence of monopolistic behavior, and form a strong synergy that creates a fair competition environment, supports epidemic prevention and control, and reinstates production.
In November 2019, the General Administration of Market Supervision and Administration publicly solicited opinions on the “Guidelines for Operators’ Antitrust Compliance (Draft for Comment) ”to provide comprehensive guidance for operators to strengthen antitrust compliance. Zhejiang, Shanghai and other places have formulated anti-monopoly compliance guidelines in the region in light of their actual work. In Heilongjiang, Jiangxi, Jilin, and other places, in order to promote the resumption of production and production of enterprises, anti-monopoly risk warnings and compliance guidelines have been issued, all of which have done good anti Monopoly compliance serves as a good guide.
Sheng Jiemin believes that a fair competition market environment is an important foundation for enterprises to resume production and resume production, fully restore the order of production and life, and maintain stable economic operation. The more special the period, the more urgent the importance of antitrust enforcement. Only by making antitrust work an intrinsic driving force for economic transformation and development, and effectively implementing competition policies, especially strengthening the basic position of competition policies, can we promote the high-quality development of our economy.