World Trade Organization and China Anti -Monopoly Law
February 23, 2022 09:27 Source: "China Social Sciences", February 23, 2022, Issue 2353 Author: Wang Xiaoyi

December 11, 2001,my country officially becomes a member of the World Trade Organization (hereinafter referred to as the "World Trade Organization")。Joining the WTO is a major strategic decision made by our country to facing economic globalization.,It has a significant impact on the establishment and improvement of my country's socialist market economy legal system。In the legal text promised by the WTO,Chinese representatives pointed out,"China is currently drafting the" Anti -Monopoly Law of the People's Republic of China "。Due to the absence of the antitrust system,The content of antitrust of antitrust in the anti -unfair competition law and related laws alone,It can no longer solve the industry monopoly and restricting competition issues in market economy competition。Chinese legislature and government have realized the importance of this problem,Investigation and research and theoretical research related to antitrust legislation is underway,The timing will be introduced as soon as possible "。This description,Joining the WTO has given birth to the "Anti -Monopoly Law" promulgated in 2007 and the implementation of August 2008。

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The World Trade Organization attaches great importance to the relationship between trade and competition,Emphasize the competitive policy to promote trade liberalization、Reasonably allocate resources and improve the major influence of social welfare aspects。Based on this concept,Although the WTO has not yet reached a global unified agreement on the competition policy,But it cooperates through technical assistance and competition institutions,Anti -monopoly law has been established in more than 130 countries and regions,and only 35 countries that promulgated the antitrust law in 1995。The "Anti -Monopoly Law" promulgated bet365 Play online games and implemented after the WTO in my country,Not only reflects the basic principles of the WTO,also reflects the competitive policy under the market economy system,This is conducive to my country's breakthrough regional blockade and industry monopoly,Promoting my country's unity、Open、Competition、Order market system,Strengthening the basic role of market mechanism and competitive mechanism in resource allocation,created a good institutional environment for my country's economic and social development。

Competitive policy as the basic economic policy of the market economy system,Very important to my country's economic development。Different ways to rely on the planned economy to allocate resources,The market economy rely on market mechanism and competition mechanism to allocate resources,The use of the survival fitness mechanism,Eliminating inefficient enterprises,Remove unreasonable production technology and inferior products,Promote the reasonable allocation of resources; through the price mechanism,Improve market supply and demand and meet the needs of people's lives; and use competitive incentive mechanisms to promote technological innovation,Improve management,Reduce cost and price,Implement the maximum output with the minimum input。But,Because the market economy itself does not maintain fairness and free competition mechanism,In market competition,Enterprises to gain a certain competitive advantage,Or to avoid competition pressure,They often have a natural tendency to restrict competition to varying degrees。For example,Enterprises with similar products formed Carter,limit production quantity、Price or division of regional markets; companies with market advantages may abuse their market forces,Implementing plunder pricing、Reject transaction、Sales or forced transactions。This description,To make the competition truly the fundamental means of regulating supply and demand and optimizing resource allocation,The Bet365 lotto review state should formulate a legal system that protects competition and oppose monopolies,This legal system is antitrust law。

Today,Anti -monopoly legislation of countries around the world, although there are differences,But due to the common rules of the market economy,People's universal consensus is: a company if a business obtains a monopoly position in the market or the market dominance,It is bound to have a tendency to raise prices and reduce supply,This theory is applicable to exclusive or oligarch monopoly。To prevent the trend of monopoly in the market,The core content of antitrust laws in various countries generally has three pillars: prohibiting core Carter、Control operator concentration and prohibit the abuse of market dominance。my country's antitrust law except these three pillars,Another important pillar is against administrative monopoly。Because in the process of derailment in my country's economic system,Restrictions in economic life A significant extent comes from administrative power under the old system,Forbidden government and its affiliated departments are prohibited from abuse administrative power exclusion、Restricted competition has become a basic or even most important content of my country's antitrust law。

  Anti -monopoly law enforcement has strengthened my country's competitive policy

"Anti -Monopoly Law" has played an important role in promoting my country's competitive policy and optimizing the business environment。As of the end of 2021,Anti -monopoly law enforcement agencies investigate and deal with 741 cases of various monopoly cases,fines of more than 30 billion yuan; concluded nearly 4,000 pieces of the operators,Among them, 50 pieces are approved by conditions,3 prohibited; more than 300 administrative monopoly cases in accordance with the law; nearly a thousand pieces of anti -monopoly civil disputes and administrative lawsuits for the people's courts。The National Development and Reform Commission in 2015 not only issued bet365 live casino games a penalty of 6.088 billion yuan in the penalty decision,Create the highest record of anti -monopoly administrative fines that year,And put forward a point of view of global influence for the permits of the standard necessary patent,That is "the parties insist on the higher permit rate,If the entire machine wholesale price is beyond the necessary patent coverage of the party holding a wireless standard for the parties as the basis for billing,This is fair and fair,Lead of excessive patent permit fee "。The State Administration of Market Supervision in 2021 fined Alibaba's "two -choice one" in the field of e -commerce 18.2 billion yuan,It is determined that the behavior damages the rights and interests of the merchant and consumers,Innovation and development of the platform's economy,Acts that constitute the abuse of market dominance in the "Anti -Monopoly Law"。These anti -monopoly cases show the professional level of my country's antitrust law enforcement to the world,attracted widespread attention from the international community。In the concentrated field of operators,Given that large multinational companies are settled in my country,Their mergers and acquisitions activities are declared to the United States and EU anti -monopoly law enforcement agencies,It must also be declared to my country's antitrust law enforcement agencies,my country's antitrust law is the same as the US Anti -Torais France and the EU Competition Law,Become one of the world's most influential antitrust laws。

The above -mentioned various case descriptions,Anti -monopoly law has a direct and significant impact on companies that develop business activities in our market。This means,Even if they enjoy the freedom of contract and operating autonomy,But there is no right to exclude it at will、Restricted competition,In particular, there is no right to form a price、Quantity or regional Carter; there is no right to exclude competitors at will passing mergers and acquisitions.,There is no right to abuse its market forces。This description,With bet365 Play online games the promulgation and implementation of antitrust law,Enterprises in our market feel the market competition pressure to a greater extent,This pressure is also the continuous adaptation to the market and improving their own motivation。Therefore,Anti -monopoly method not only optimizes the allocation of resources,and is also an important legal weapon to improve corporate competitiveness。

The huge achievements of the antitrust law to promote my country's competitive policy and optimize the business environment are also manifested in the continuous improvement of antitrust legislation and the continuous improvement of law enforcement agencies。For example,The Anti -Monopoly Committee of the State Council and the State Council has successively introduced the "Provisions on the Standards for Centralized Application Standards", "Guidelines for Related Market Definition", "Application Guidelines for the Greater System of Horizontal Monopoly Agreement", "Guidelines for Monopoly Case Operators", "Automotive Industry of the Automobile Industry" Anti -Monopoly Guide "" Anti -Monopoly Guide in the Intellectual Property "and" Anti -Monopoly Guide in the Field Economic Field ",The Supreme People's Court released a judicial interpretation of antitrust civil disputes.。In the early stage of antitrust law enforcement,Administrative Law Enforcement Power is divided into the National Development and Reform Commission、The Ministry of Commerce and the State Administration for Industry and Commerce。2018 with national institutional reform,The State Administration of Market Supervision and Administration uniformly exercised the anti -monopoly administrative law enforcement right。November 2021,Antitrust bureau set up under the State Administration of Market Supervision is directly upgraded to deputy ministerial national antitrust bureau。The improvement of the administrative level of antitrust law enforcement agencies not only increases its status in government agencies,and will also increase Bet365 app download law enforcement resources,Improve the authority and deterrence of antitrust law。The most important development of my country's antitrust law is the current antitrust law amendment,The draft amendment has passed the first review of the 31st meeting of the 13th National People's Congress。The focus of revision is to clarify the basic position of the competitive policy,Clear legal status of fair competition review,Reinforcement of antitrust law enforcement in the digital economy field,Increase the punishment of illegal acts,They all provide more clear legal basis and a more powerful institutional guarantee for strengthening antitrustness and preventing the disorderly expansion of capital。

 Anti -monopoly method continues to open a new chapter in my country's expansion of opening up

Since my country joined the WTO,Fully fulfilling the enrollment commitment,Continuously expand opening,Actively activated the surging spring tide of China's development,It also activates the spring water of the world economy。The anti -monopoly method born in the WTO not only focuses on my country's competitive policy,Reflects the essence and internal requirements of the socialist market economy,and effectively prove that my country's economic system has changed from a planned economy to a market economy,This will help enhance my country's market economy position,It is conducive to further expanding my country's opening to the outside world,It is also conducive to expanding the open and economic globalization of countries around the world。

The "Regional Comprehensive Economic Partnership Agreement" added by our country officially launched in 2022,Now actively promotes the joining the "Comprehensive and Progressive Cross -Pacific Partnership Agreement" and "Digital Economic Partnership Agreement",This shows that openness is a distinctive logo for contemporary China。In view of the significance of the competitive mechanism to promote fair competition in the free trade zone and increase consumer welfare,Although people Bet365 app download cannot say that the competitive policy is the whole content of the free trade zone agreement,But there is no competitive policy,The free trade zone must be imperfect。Therefore,Competitive policy is an important part of the agreement of most free trade zones in the world,Participants are obliged to maintain fair and free competition,Opposition to restrict competition。More and more with the global and regional free trade agreement involved in my country,my country's antitrust law will continue to open a new chapter in my country's expansion and opening up。

 (The author is a special professor of Shenzhen University、Researcher at the Institute of Law of the Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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