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Implementation of anti monopoly law 2008-08-05 00:00 Click: second

The "economic law" has been officially implemented since January. Although in terms of China's legal system, market situation and law enforcement mechanism, the anti-monopoly law can not fully play the role of "economic constitution", but as the core of the legal system of market competition, the law will undoubtedly play an important role in cultivating a fair and orderly market competition environment in China, and will help to promote enterprise innovation and economic development.
In order to maintain the competitiveness of the market, the substantive laws of anti-monopoly laws in various countries generally have the following contents: Prohibition of monopoly agreements, control of enterprise merger, prohibition of abuse of market dominant position, opposition to administrative monopoly, etc. China's anti-monopoly law is formulated to prevent and stop monopoly behavior, protect fair market competition, improve economic operation efficiency, safeguard consumer interests and social public interests, and promote the healthy development of socialist market economy. No matter the state-owned enterprises or the state-owned enterprises, whether they are state-owned enterprises or foreign-funded enterprises, should abide by the anti-monopoly law. Those who violate the law and carry out monopolistic behavior will be investigated for legal responsibility according to law.
The goal of anti monopoly law is to prevent and stop monopoly behavior and maintain the order of market competition. It does not object to enterprises becoming bigger and stronger. The anti monopoly law does not prohibit enterprises from dominating the market, and it does not hinder enterprises from dominating the market. Second, on the control and review of business operators, the anti-monopoly law emphasizes not only the prevention of excessive concentration of business operators and the formation of monopoly, but also conducive to the domestic enterprises to become bigger and stronger, develop economies of scale and improve industrial concentration through mergers and acquisitions in accordance with the law. Third, while the anti-monopoly law forbids monopoly agreements, it does not prohibit agreements reached by small and medium-sized operators in order to improve business efficiency and enhance competitiveness. Fourth, the "anti monopoly law" forbids the abuse of administrative power to exclude and restrict competition, which is conducive to the establishment and improvement of a unified, open, competitive and orderly large market in China. It is also conducive to the optimization and integration of national and global resources by enterprises, so as to make Chinese enterprises bigger and stronger.
For the first time, the new law covers the pillar industries such as energy and telecommunications. According to the requirements of "promoting the reform of monopoly industries and actively introducing competition mechanism" proposed by the central government and "deepening the reform of petroleum, telecommunications, civil aviation, postal service, tobacco, salt and municipal public utilities, promoting the restructuring of state-owned assets and forming a competitive market pattern" proposed by the fourth session of the 10th National People's Congress, the industries that dominate the state-owned economy are required China should also guide and promote competition among different operators. To this end, it is necessary to protect the legal status of the state-owned monopoly operators in the national economy, and to protect the legal status of the state-owned monopoly operators in the national economy To promote technological progress. "
What really constitutes market monopoly and influences the development of market economy is the behavior of enterprises abusing market control position and constructing market entry barriers. The antimonopoly law does not object to monopoly status, but to abuse monopoly position to squeeze other competitors and not benefit consumers. The antimonopoly law opposes this kind of abuse in order to safeguard fair market competition and protect consumers' rights and interests. If the enterprises with monopoly position make use of their own advantages, set up obstacles for competitors, suppress competitors, and manipulate market products and prices, such behavior will inevitably face anti-monopoly charges. For Chinese enterprises, we should fully realize the importance of healthy competition and continuous innovation for enterprises. Only when more products emerge, will the market be more vigorous and the production efficiency will be improved.
"Anti monopoly law" clearly stipulates that if national security is involved, in addition to the review of concentration of business operators in accordance with the law, national security review should also be carried out in accordance with the relevant provisions of the state, which is not only conducive to the expansion of opening up, but also conducive to the maintenance of national economic security. The "anti monopoly law" does not object to the right holders of intellectual property rights to acquire and exercise intellectual property rights in accordance with the law of intellectual property rights.
Anti monopoly law is a basic legal system to regulate national economic order and market order. The implementation of the anti monopoly law is of great significance to China. It marks a milestone in the reform of China's economic system. It marks that China's economy has moved from planned economy to market economy. It will have an important impact on China's economic life and various economic fields. It will break the original administrative monopoly and form more benign competition, so as to improve the allocation of resources Set efficiency and form a more perfect market economic system.


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