Unexpectedly, on August 1st the official implementation of the "anti-monopoly law," the first and the government actually considered quitting - AQSIQ (www.aqsiq.gov.cn) in just 20 days more than a dozen experienced several security companies wave action, is not willing to be this "economic constitution" Welcome to the world from the paper.
AQSIQ unexpected "election" in the macro-theoretical explanation: the administrative monopoly although deliberately avoided in the legislative process and water down, but compared to the economic monopoly is precisely not in the past around a hurdle; more instructions in the micro-operation, AQSIQ and its relationship with the associated network of electronic monitoring on excluded sectors and industries gathered crowd how strong blow.
The plaintiffs in the lawsuit that: AQSIQ strong push to use administrative power to hold 30% of their shares of CITIC seized dry run "China product quality electronic supervision network" operating in the security industry limitations and exclude competition, breach of the "anti-monopoly law," "Anti-Unfair Competition Law" and many other laws. In particular, in 2007, AQSIQ issued a document required household appliances, agricultural materials, food, cosmetics and other key products 69 9 class manufacturer of electronic monitoring network must be added in the product packaging logo of the use of uniform electronic monitoring code before they can sell the factory . This is almost the same area of the survival of other security companies in fierce despair, but also led to security companies conduct most drastic type of litigation.
In accordance with the "anti-monopoly law," the definition of monopoly, CITIC check and electronic monitoring network is undoubtedly the focus of the market above the absolute dominance of the charges 600 yuan each year, pricing is also "suspected of or might be eliminating or restricting competition results concentration of business operators. " However, the anti-monopoly law explicitly that "the state-owned economy controlled the relationship between the national economy and national security, as well as franchised monopoly in the industry according to law, the state of their operators to protect the legitimate business activities." This means that the monopoly found China is not market share, prices and other factors, the absolute value as a judge, in other words, the judge found in monopoly rules, track and field and swimming competitions are not the simple "number words", but more like rhythmic gymnastics and synchronized swimming in the "comprehensive consideration" - administrative monopoly may be waived because the referee factors.
Even if the security aspects of business identified in the monopoly in favor of the implementation level is still difficult. Although the "anti-monopoly law," Article 37 of the abstract administrative monopoly is illegal - "The Chief shall not abuse administrative powers to develop with eliminating or restricting competition content requirement", but Article 51 also provides for administrative monopoly, "higher authorities shall order rectification; directly in charge and other directly responsible persons shall be punished. anti-monopoly enforcement bodies to deal with the higher authorities of the recommendations according to the law." That said, anti-monopoly law enforcement agencies on administrative monopoly no power to supervise and can not act like a monopoly on the economy as the exercise of investigative powers and powers, but only with the so-called "right to make recommendations," supervisory power was given the executive and public organizations, the "higher authorities." Therefore, oil, railways and telecommunications and other domestic administrative monopolies, "anti-monopoly law," the role at this stage can only be a temporary solution, AQSIQ can imagine the outcome of antitrust litigation.
"Antitrust Law" implementation, so that an increasing number of administrative monopoly problems surfaced. Administrative monopoly harm is that it obscures the boundary between government and market, weakening the government's service functions, and become a party to participate in market competition, monopolistic interests of the area under the jurisdiction of the breeding "close enterprise", for departmental interests.
Perhaps the uproar of the "first anti-monopoly case" can not produce the final outcome of the legal sense, their inspiration is far greater than the force and effect. By public opinion, legislation and integrated institutional arrangements for the exercise of governmental authority a relatively clear demarcation of the border, with China University of Political Science Professor Li Shuguang, then that is - "draw the government's public management role and the role of provider of public goods between boundaries, draw the government's public service act and the government-run behavior of the boundary, draw the policy makers and agents of the boundaries between economic growth. "
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