(Year-end Economic Observation) As anti-monopoly supervision is normalized, how can regulation and development be grasped at the same time?
China News Service, Beijing, December 28 (Reporter Liu Liang) Since the beginning of this year, China's market supervision measures have increased, and anti-monopoly and anti-unfair competition have strengthened legislation and enforcement, which is impressive.
The curtain will come to an end in 2021. How will China's anti-monopoly supervision work advance in 2022?
This year, "anti-monopoly" is undoubtedly a hot word in the field of market supervision in China.
From the heavy release of the anti-monopoly guidelines in the field of platform economy at the beginning of the year, to the proposal of the draft amendment to the anti-monopoly law, to the establishment of the State Anti-monopoly Bureau not long ago, China's anti-monopoly system is moving towards a more sound development direction.
Zhang Chenying, a member of the Expert Advisory Group of the State Council’s Anti-Monopoly Committee and Director of the Competition Law Research Center of Tsinghua University Law School, pointed out in an interview with a reporter from China News Agency that in 2021, anti-monopoly work will be at the top level of design, legislation, law enforcement, justice, and a sound anti-monopoly law enforcement system. There are bright spots in the mechanism, which is a milestone in the construction of China's anti-monopoly rule of law.
Zhang Chenying said that in terms of legislation, the government initiated the revision of the Anti-Monopoly Law and conducted its first review.
This is an important measure for summing up experience and improving rules in the 13 years since the anti-monopoly law was implemented.
In addition, the government has issued a number of guidelines to further clarify and refine the legal rules.
In terms of law enforcement, monopoly agreements, abuse of market dominance, undeclared operator concentration, and administrative monopoly cases have increased, and the amount of administrative fines has increased significantly. It has imposed undeclared monopolies on APIs, public utilities, platform economies, and undeclared monopolies. Behavioral law enforcement has achieved good results in related fields.
The establishment of the National Anti-Monopoly Bureau has enhanced the uniformity and authority of anti-monopoly law enforcement and improved the efficiency of administrative law enforcement.
In the judicial field, the government also announced a number of typical cases, initiated the judicial interpretation of civil litigation, and provided more effective solutions to protect the legal rights of operators and consumers.
Under a series of regulatory measures, the 21st meeting of the Central Comprehensive Deepening Reform Committee held in the second half of the year pointed out that the prevention of the disorderly expansion of capital has achieved initial results and the fair market competition order is steadily improving.
However, the "anti-monopoly supervision wind" will not cool down here. As Han Wenxiu, the deputy director of the Central Finance Office in charge of daily work, emphasized, strengthening anti-monopoly and anti-unfair competition is an important normalization task of the Chinese government.
What does "normalization" mean?
According to Huang Yong, a member of the Expert Advisory Group of the State Council’s Anti-Monopoly Committee and Director of the Competition Law Center of the University of International Business and Economics, an important part of "normalization work" is to ensure fair competition with fair supervision.
This means that the construction of relevant systems will continue, the transparency of law enforcement and the professionalism of the team must be further improved, and the supervisory force must have a dynamic understanding of the development of the new business economy.
With the continuous improvement of the system, it is expected that the market's predictability of regulatory policies will increase in the future.
Zhang Chenying also analyzed and pointed out that anti-monopoly is the basic system to protect the market economy and an important barrier to prevent the disorderly expansion of capital and maintain market order.
Achieving the normalization of anti-monopoly supervision can form a reliable, stable and continuous expectation of anti-monopoly supervision.
While reviewing the effectiveness of the supervision work, the government also revealed the keynote of the supervision work next year at a number of important meetings in the second half of the year.
A series of meetings showed that anti-monopoly supervision not only emphasizes the need to "manage", but how to "manage" scientifically and effectively is even more important.
For example, Han Wenxiu emphasized at a press conference at the end of August that in response to monopoly and disorderly expansion of capital, “adhere to both regulation and development, and both hands must be hard.” Another example, this month’s Central Economic Work Conference mentioned, "It is necessary to correctly understand and grasp the characteristics and behavioral laws of capital", "It is necessary to set up a'traffic light' for capital" and so on.
Huang Yong said in this analysis that in the process of advancing the construction of the anti-monopoly regulatory system, emphasizing "regulation and development" means to regulate and develop in the course of development, and to prevent simplification of prohibition or non-regulation. One size fits all" phenomenon.
Standardization is for development, so as to improve the market competitiveness of enterprises and enhance the vitality of various market entities.
In Zhang Chenying's view, the concept of market supervision adheres to both regulation and development, and fair supervision is used to ensure fair competition.
Norm is a means, and development is an end. It is necessary to have a deep understanding of its inherent dialectical unity relationship. The two should not be biased.
How to grasp the relationship between "norm" and "development"?
Zhang Chenying analyzed and pointed out that on the one hand, we must adhere to the system concept in law enforcement, coordinate development and safety, efficiency and fairness, vitality and order and other values, and create and maintain an open, orderly, healthy and stable market competition environment through fair law enforcement. , To stimulate the vitality of various market entities, and support various market entities to regulate their operations in accordance with the law and develop together.
On the other hand, regulation means ensuring fair competition through fair supervision, which not only requires equal treatment, but also supervises in accordance with the law.
Finally, development must take legality as the basic prerequisite, which means that enterprises are required to operate legally and their legal interests are protected by law.
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