Committed to fair competition, service reform and development

"China Anti-monopoly Law Enforcement Annual Report (2019)" released

Editor's note: In

order to thoroughly implement the spirit of General Secretary Jin Ping's important instructions on competition policy and anti-monopoly work, effectively strengthen and improve anti-monopoly law enforcement, promote the modernization of the governance system and governance capabilities, and create a more open, transparent, standardized, orderly, fair and efficient The Anti-Monopoly Bureau of the State Administration for Market Regulation compiled the "Annual Report on China's Anti-Monopoly Enforcement (2019)".

At present, the annual report has been compiled and is now officially released. The summary of the report is posted as follows:

Strengthen the foundation and consolidate the foundation, and strive to establish a system of rules and regulations compatible with unified law enforcement

  Institutional reform realizes unified anti-monopoly law enforcement, opening a new historical chapter in China's anti-monopoly business.

Unified law enforcement requires the establishment of a unified work system and rules, shaping a unified law enforcement concept and culture, forming a unified supervision thinking, and tempering a unified work style.

In 2019, the anti-monopoly work will highlight the main line of system construction, integrate and optimize the legal regulations and working systems of different departments before the institutional reform, and establish a system of rules and regulations compatible with unified law enforcement.

  Unify supporting anti-monopoly guidelines and regulations.

The Anti-Monopoly Committee of the State Council has issued four guides including the "Anti-Monopoly Guidelines on the Automobile Industry" to explain anti-monopoly law enforcement ideas, enhance the operability and predictability of the anti-monopoly legal system, and establish open and transparent institutional rules for market players.

The State Administration of Market Supervision has formulated three regulations, the Interim Provisions on Prohibition of Monopoly Agreement Acts, the Interim Provisions on Prohibition of Abuse of Dominant Market Positions, and the Interim Provisions on Suppression of Abuse of Administrative Power to Exclude Acts of Restricting Competition, to unify anti-monopoly law enforcement procedures, standards and standards.

Organize a special press conference on supporting anti-monopoly regulations, publish articles about the interpretation of the regulations, conduct a comprehensive interpretation of the guidelines and regulations at the national market supervision system anti-monopoly work conference, anti-monopoly training courses for market entities, etc., and promote operators to improve their awareness of law-abiding. Create a better institutional environment for standardizing law enforcement and guiding law-abiding.

  Unified anti-monopoly work system rules.

To meet the requirements of institutional reform to achieve unified anti-monopoly law enforcement, six rules including the "Working Rules of the Anti-Monopoly Committee of the State Council" were formulated to further improve the work system of the Anti-Monopoly Committee of the State Council.

A new expert advisory group of the Anti-monopoly Committee of the State Council will be formed, and an anti-monopoly expert database of the State Administration for Market Regulation will be established to promote the continuous in-depth research of anti-monopoly theory, and the intellectual support of anti-monopoly work will be more powerful.

Develop 27 work systems covering all aspects of case investigation, concentration review of business operators, and punishment of monopoly cases, covering the entire business process and the entire process of case investigation and review, and print and distribute the template format of anti-monopoly law enforcement documents, so that all anti-monopoly work has rules and regulations Follow and unify standards.

  Advance the revision of the Anti-Monopoly Law in an orderly manner.

With the goal of enhancing the scientific, forward-looking and effective anti-monopoly legal system, conduct in-depth theoretical research on the revision of the Anti-Monopoly Law in 7 topics, systematically sort out the practices of relatively mature market economy countries, and make full use of cutting-edge theoretical research in the anti-monopoly field The results have laid a solid theoretical foundation for the realization of scientific legislation.

Adhere to the basic principle of open-door legislation, extensively solicit opinions from member units of the Anti-Monopoly Committee of the State Council, local market supervision departments, state-owned, private, foreign and other market entities, experts and scholars, and anti-monopoly with major jurisdictions such as the European Union, the United States, Germany, and the United Kingdom The law enforcement agencies have face-to-face and in-depth exchanges on key and difficult issues in the revision of the law, and in January 2020 the revised draft of the "Anti-Monopoly Law" will be publicly solicited from the public on the official website of the State Administration for Market Regulation.

From the feedback situation, the revised draft has been highly affirmed and widely concerned by various parties at home and abroad.

  Effectively improve anti-monopoly law enforcement capabilities.

Establish an anti-monopoly lecture hall system, hold 40 lectures throughout the year, invite anti-monopoly theoretical research and practical personnel to come to the stage, strengthen cadre exchanges, broaden cadres' horizons, and improve business capabilities.

Organize the compilation of a nationally unified "China Anti-monopoly Legislation and Law Enforcement Practice" training materials, law enforcement manuals, and a compilation of 2019 anti-monopoly regulations and guidelines, in order to build a high-quality professional anti-monopoly law enforcement team and improve the law enforcement capabilities and levels of national anti-monopoly law enforcement personnel Lay a solid foundation.

Establish a national centralized training system for anti-monopoly law enforcement personnel. In 2019, we will hold a training class for key anti-monopoly business of the national market supervision department. Through training, we will promote the comprehensive and in-depth integration of the national anti-monopoly law enforcement team, and improve the anti-monopoly law enforcement capacity and level of the whole system .

Accurately attack, focus on enhancing the deterrence of anti-monopoly law enforcement

  Enforcement is the top priority of anti-monopoly work.

In 2019, with the awareness of daring to take responsibility, the spirit of daring to be the first, and the courage to dare to do things, antitrust people insisted on protecting fair market competition and safeguarding consumer interests as the main line, insisting on strict, fair and civilized law enforcement, highlighting key points, Difficult to tackle tough issues, solidly promote anti-monopoly law enforcement.

In 2019, 103 monopoly cases were filed for investigation and 46 cases were closed, with a fine of 320 million yuan.

Among them, 28 monopoly agreement cases were filed for investigation and 12 administrative penalties were imposed; 15 cases were filed for abuse of market dominance and 4 administrative penalties were imposed; 84 cases were handled for abuse of administrative power to exclude or restrict competition, of which 24 cases were filed for investigation and corrected 12 cases; 36 cases of non-declaration of the concentration of business operators were investigated and 18 administrative penalties were imposed.

503 declarations of concentration of business operators were received, 462 cases were filed, and 465 cases were closed.

Anti-monopoly law enforcement has always been a great sword, forming a powerful deterrent, and effectively promoting the establishment of a unified, open, competitive and orderly market system across the country.

  Focus on deepening supply-side structural reforms.

Persist in deepening economic analysis, and on the basis of in-depth research on the impact of concentration on market competition, conditionally approved 5 cases of concentration of operators in the semiconductor, shipbuilding, pharmaceutical, automotive and other industries, and set targeted relief measures to protect fair competition in the relevant market. Promote the sustainable and healthy development of related industries and enterprises.

Focusing on the overall situation of economic development, further improve the efficiency of centralized review of operators, reduce the cost of corporate institutional transactions, and promote economic transformation and upgrading.

The anti-monopoly review of the concentration of undertakings has been fully affirmed and highly appreciated by enterprises. Market entities from state-owned, private, foreign-funded and other fields presented 4 silk banners to law enforcement agencies, expressing gratitude to law enforcement agencies for their scientific, precise and efficient enforcement work.

  Strive to protect the interests of consumers.

Resolutely implement the decisions and deployments of the Party Central Committee and the State Council, attack and take active actions in response to the strong feedback from the people on the monopoly of APIs, organize and convene a special meeting on the anti-monopoly enforcement of APIs, and deploy and carry out centralized anti-monopoly enforcement of APIs.

The General Administration of Market Supervision directly filed an investigation into the monopoly of calcium gluconate APIs, strictly following the principles of “clear facts, conclusive evidence, accurate qualitativeness, proper handling, complete procedures, and legal procedures”, and solidly promoted law enforcement and scientifically formulated handling plans.

A task force was formed to carry out special supervision of anti-monopoly law enforcement for raw materials, and local anti-monopoly law enforcement agencies were urged to promptly carry out clue verification and file investigations into monopoly cases of raw materials in accordance with the law, forming a comprehensive crackdown on monopoly of raw materials and effectively curbing the trend of frequent monopoly behaviors.

Actively innovate law enforcement methods. On the basis of effectively strengthening anti-monopoly law enforcement, organize and convene a warning meeting on monopolistic behavior in the building materials field, investigate and deal with 4 monopoly cases, guide the entire industry to conduct self-examination and self-correction, comprehensively regulate enterprise production and operation behavior, and further enhance anti-monopoly Law enforcement effectiveness.

Effectively strengthen anti-monopoly law enforcement in the field of public utilities, investigate and deal with 4 monopoly cases, promptly stop monopolistic activities that infringe on the interests of consumers, and effectively protect the legitimate rights and interests of consumers.

  Efforts to maintain a unified national market.

Further deepen the abuse of administrative power to exclude and restrict competition and anti-monopoly law enforcement, focus on key areas, focus on key areas, and further strengthen law enforcement and improve law enforcement accuracy.

Focusing on medicine, construction, transportation, bidding and government procurement, we will deploy special enforcement actions that abuse administrative power to eliminate and restrict competition, resolutely prevent and stop improper government intervention in market activities, break local protection and market segmentation, and safeguard the country Unified market.

Reform and development, focus on strengthening the basic position of competition policy

  Strengthening the fundamental status of competition policy is a major decision and deployment made by the Party Central Committee, and is of great strategic significance for accelerating the improvement of the socialist market economic system and promoting high-quality economic development.

The anti-monopoly law enforcement agency shoulders the important responsibility of coordinating the implementation of competition policy, resolutely implements the decision-making requirements of the Party Central Committee, reforms and innovates, comprehensively implements policies from the aspects of unified understanding, policy research, improvement of the system, and exploration and practice, and strives to enhance the scientific nature of competition policy , Pertinence and effectiveness, vigorously promote the implementation of competition policies.

  Fully implement the fair competition review system.

Effectively strengthen the supervision and inspection of the implementation of the fair competition review system. In September 2019, the four levels of government at the national, provincial, municipal and county levels were successfully covered, providing a powerful system guarantee for standardizing government behavior from the source.

Effectively strengthen the deterrence of the fair competition review system, publish 30 typical cases of violations of fair competition review standards, organize the 2019 fair competition review and supervision, promote the inclusion of fair competition review into the demonstration indicator system of the city and county rule of law government, and continue to strengthen the rigidity of the system constraint.

Approved by the State Council, the State Administration for Market Regulation and other four departments issued the "Notice on Carrying out the Clean-up of Policies and Measures Impeding the Unified Market and Fair Competition" to the local people's governments at and above the county level and their subordinate departments and the State Council in December 2019 In the regulations, normative documents and other policy measures formulated before the 31st, various regulations and practices that hinder the unified market and fair competition shall be thoroughly cleaned up.

Summarize system implementation experience, formulate the "Guidelines for the Implementation of Third-Party Evaluation of Fair Competition Review", encourage and support policy-making agencies to introduce third-party assessment, improve the quality of review, ensure review effects, and promote the continuous improvement of the fair competition review system.

  Vigorously promote the first trial of competition policy in the free trade zone.

The functional positioning of the pilot free trade zone is highly compatible with the implementation of competition policies. The in-depth implementation of competition policies in the pilot free trade zone will promote system innovation. While promoting the rapid development of the pilot free trade zone, it can also explore effective ways to strengthen the foundation of competition policy .

In April 2019, the State Administration for Market Regulation approved the support of the China (Hainan) Free Trade Zone to implement a pilot program of strengthening competition policies, and identified 18 specific measures to strengthen the implementation of competition policies, and focused on exploring effective paths for the implementation of competition policies.

Guide the China (Hainan) Free Trade Zone to establish an anti-monopoly committee, determine the key content and direction of the first trial, and accumulate reproducible and extendable experience for the implementation of national competition policies.

Promote the further expansion of the scope of the pilot free trade zone to strengthen the competition policy, and use the "single fire" of the pilot free trade zone to promote the implementation of the strengthening of the competition policy to form a "fire prairie fire" in China.

  Focus on deepening theoretical research on competition policy.

Theory is the precursor of action.

In terms of strengthening the fundamental position of competition policy, which is highly theoretical, practical and innovative, deepening theoretical research is of great significance.

In 2019, we will carry out in-depth research on major topics such as the overall framework for the implementation of competition policy, strengthening the basic status of competition policy, and safeguard measures, and deepen understanding, clarify misunderstandings, resolve disputes, and unify thinking through theoretical research.

Regarding investigation and research as the foundation and way to accomplish things, focusing on strengthening the basic position of competition policy, conducting in-depth investigations for various market entities such as state-owned, private and foreign-funded enterprises, central and local government departments, experts and scholars, and extensively listening to opinions from all aspects , Understand the main problems faced in the formulation and implementation of competition policy, and seek solutions to the problems.

Further improve China's overall market competition assessment report, and conduct market competition assessments in four industries, including aviation manufacturing, air transportation, insurance, and bulk medicines, to provide effective support for enhancing the scientific, pertinent and effective competition policy.

  Effectively enhance the awareness of fair competition in the whole society.

Enhancing the awareness of fair competition among various market players is the social basis for the effective implementation of competition policies.

In 2019, the State Administration for Market Regulation successfully held the 8th China Competition Policy Forum with the theme of "Higher Level Opening and Competition Policy". This is the first time since the forum was directly hosted by an anti-monopoly law enforcement agency with more than 280 law enforcement agencies. Officials, experts and scholars, representatives of enterprises and lawyers attended the event. All parties exchanged ideas, reached consensus, widely publicized China's anti-monopoly legislation and enforcement achievements since the institutional reform, and expanded China's influence in the international anti-monopoly field.

Organize the compilation of the "Reading Book of the Fair Competition Review System", open a column focusing on the fair competition review system, and strengthen the in-depth interpretation and practical guidance of the fair competition review system.

The State-owned Assets Supervision and Administration Commission of the State Council and other relevant departments jointly organized special anti-monopoly law training courses to effectively enhance the awareness and ability of market entities to consciously abide by the anti-monopoly legal system, promote the widespread dissemination of competition culture, and make the concept of fair competition more deeply rooted in the hearts of the people.

Open and win-win, and strive to participate in global competition governance

  Anti-monopoly marketization, rule of law, and internationalization are high.

In the context of economic globalization and the internationalization of corporate competition, strengthening international exchanges and cooperation in the field of anti-monopoly, strengthening global competition governance, and protecting fair competition in the global market are very important for deepening international economic and trade cooperation and achieving global prosperity and progress. significance.

In 2019, centering on the development goal of building a new higher-level open economic system, international exchanges and cooperation in the field of anti-monopoly have further strengthened, and they have shown greater achievements in the realization of institutional openness such as rules.

  Effectively deepen the establishment of normalized and institutionalized mechanisms.

The State Administration for Market Regulation upholds the concept of openness, and focuses on the overall situation of opening up, and continuously strengthens the construction of cooperation mechanisms with anti-monopoly law enforcement agencies in other countries and regions.

In 2019, 13 anti-monopoly cooperation memorandums were signed with the European Union, Japan, South Korea and other countries and regions. The scope of cooperation was further expanded and the content of cooperation was further deepened.

The 12th China-EU Competition Policy Dialogue was successfully held with the European Commission for Competition, and the 18th and 19th China-EU Competition Policy Week seminars were held to conduct in-depth discussions on topics of mutual concern.

Held annual exchanges with the Korean Fair Trade Commission and the Moroccan Competition Commission, and discussed the establishment of a cooperation mechanism with the Portuguese Competition Commission.

Actively participate in the 6th BRICS Competition Conference. The Chinese delegation has spoken in all aspects of the conference for the first time since the conference, fully demonstrating China's in-depth participation in international competition management and proactive connection with leading international competition rules.

  Actively lead and participate in the formulation of international competition rules.

Regarding competition policy and anti-monopoly issues as important content in multilateral and bilateral free trade agreements has become a basic consensus in free trade negotiations.

In 2019, the "China-Singapore Free Trade Agreement Upgrade Protocol" added competition policy and anti-monopoly law enforcement topics, and deeply participated in China-Japan-Korea, China-Peru, China-Norway, China-Israel and other multilateral and bilateral free trade agreement negotiations, in order to protect investment and trade freedom Chemical results provide rule guarantees.

In-depth study of joining the international competition network and cooperation framework of competition enforcement procedures, actively participating in the discussion and formulation of anti-monopoly international cooperation rules, making a Chinese voice in global competition governance, and contributing Chinese wisdom.

Establish an overseas anti-monopoly response mechanism for Chinese enterprises, strengthen their anti-monopoly awareness, and protect their legitimate rights and interests in "going global."

  Continue to expand the international influence of China's anti-monopoly work.

Intensifying the daily exchanges and cooperation of anti-monopoly law enforcement agencies, and conducting in-depth exchanges and discussions on common issues faced in anti-monopoly law enforcement are of great significance to maintaining fair competition in the global market.

In 2019, the State Administration for Market Regulation strengthened communication with anti-monopoly law enforcement agencies such as the United States and the European Union in more than ten major cases, shared law enforcement experience, and coordinated anti-monopoly law enforcement positions and standards.

Actively participate in international anti-monopoly conferences organized by the United Nations, OECD, APEC and other international organizations and the United States, Germany, Russia, Singapore, etc., in-depth publicize the progress and effectiveness of the reform of China's anti-monopoly institutions, and showcase the image of China's legalization and professional anti-monopoly law enforcement. Enhance China's status and role in the global competition governance arena.

  (This article is an excerpt from the report)