Forum 2: Advanced International Seminar on Fair Market Competition and Antitrust

(Source: China Net 2016year11month27日）

The China Economic and International Cooperation Annual Conference and the New "Bashan Wheel" Conference hosted by the International Cooperation Center of the National Development and Reform Commission·2016Yu11month26-27Held at the St. Regis Hotel in Beijing，Sub-forum 2 of this forum: Advanced international seminar on fair market competition and antitrust is scheduled for27Day (Sunday)8:30Hold.

Text record:

Cao Wenlian:

Thank you Professor Huang for your speech，He just gave an excellent review of our competition policy and antitrust laws，This concludes this morning’s speech。We would like to thank and congratulate the Cairncross Foundation and our Antitrust and Fair Competition Research Group，To promote China to learn from international experience，Contributions to the formulation of fair competition and antitrust laws。We would also like to express our special thanks to all the guests who spoke this morning，and all conference delegates，Thank you also to all the media friends，See you in the afternoon。

Huang Yong:

The second issue is to increase the enforcement of administrative monopoly，We have seen that in the first six years our law enforcement was an administrative monopoly，Investigation and handling of suspected monopoly cases by administrative agencies，At least we are foresighted in public。But we see，After six years of law enforcement，Including our National Development and Reform Commission、The State Administration for Industry and Commerce has begun to vigorously intervene in various localities、Administrative monopoly of various departments。People often ask questions，Said you were formulating the antitrust law，There is a chapter to preserve administrative monopoly，But its legal liability is very weak，Go to the superior authorities to investigate and deal with it。But now our situation has changed，We have the Fourth Plenary Session，We have an assessment of the government’s legal performance，At this time, just go to law enforcement，It should be said that it is pushing forward。

The third issue is about our economic decline and supply-side structural reform，What role can our antitrust law play。This question is just like what Director Wang just raised，That is, we use administrative methods to "reduce, reduce, and supplement"，Or we should pay attention to the fact that this should comply with the laws of the market，Cannot go to cartel through w88 casino gamesassociation，Cannot eliminate cartels through monopoly collusion，To protect backward and non-competitive markets。

Finally, let’s mention the fair competition review mechanism，My personal opinion is that we must start drafting the implementation details of the Anti-Monopoly Law as soon as possible，Inside these implementation rules are the Fair Competition Review Regulations，The name is tentative。Why do we have such conditions？That’s us at three law enforcement agencies，Including the Legislative Affairs Office of the State Council，is the leading unit to implement this system。The only follow-up issue is legalization，It is to formulate regulations，Only in order to define the scope of its review，There is a better legal procedure，And the implementation of its legal responsibilities。Finally, let me mention the merger of the three law enforcement agencies，Unity must be established、Professional、Independent、Authoritative law enforcement agency。Market economy is actually a rule of law economy，Instead of a rights economy。Market economy is a rule economy，It is not an economy governed by men。We need economists and legal professionals to work together，Implement this system，Thank you everyone。

Huang Yong:

Guarantee of legal implementation of competition policy，I have done some thinking，May not be comprehensive。First of all, we know that competition policy is a policy based on market rules，Leading policy。Our lawyers may be more important to talk about the protection of private rights，Problems of property rights system protection，Pay special attention to the protection of private rights，This is an important rule in the development of market economy for so many years。Of course I won’t expand it here，Because the Central Committee of the Communist Party of China has issued a system document on improving property rights protection，Important documents for property rights protection according to law。This includes the innovations that many experts just talked about，Your innovation does not have the protection of private rights，Where is the motivation for innovation？The follow-up will solve your worries，For example, intellectual property issues，I created an anime or something，It was copied in just one day，Our compensation is very small，Of course the incentive mechanism and protection mechanism are not there，Including the enactment of the current Civil Code, it is an important measure in the protection of property rights。

The second question is what we want to focus on today，That is, our antitrust law has been implemented for more than eight years，Our antitrust laws have entered the stage of normalization。How can we support reform in the process of normalization，How to implement the policy？Except Monopoly Agreement、Abuse of market operating position, etc.，I want to promote reform here，The first thing is to help the reform of monopoly industries，Let the monopoly w88 casinobank pass our case investigation，To urge our monopoly industries to introduce competition mechanisms。For example, the telecommunications case that our National Development and Reform Commission did before，Although the case may not have a result now，But we legal professionals have seen it，Since our intervention，and investigation、Evaluation，They have touched the traditional monopoly industry，Corrected。This is a normalized law enforcement，This includes state-owned enterprises，Also includes all types of such enterprises。

Huang Yong:

We can see that there are several issues worth thinking about here，That is, our competition policy is gradually moving from behind the scenes to the front desk，And its expression is getting closer and closer to the goal of our mature market economy。What cannot be ignored here is that we have produced so many documents，Finally push it，Push up in operation。Drafting of documents，Design of system，People in the industry play a supporting role。Because we know，With the legal basis, we can continue going on。We are not just in this field，Also available in other fields，Our characteristic is to propose a concept first，But a good opportunity in this field is that we have a concept of competition policy in the law。We started drafting the document，Add competition policy，To express，Competition agencies and competition law enforcers play a very important role here。Finally a system was established，When we are studying problems in this system，Discover a pattern，Any document from the Central Committee of the Communist Party of China or the State Council，As long as it has anything to do with the law，Or connection、Subsequent modifications，and legislation、Dharma practice, etc.，They are all moving forward quickly。For example, regarding the reform of the listing system，If the Company Law is not revised in the future，That’s impossible。Same，This is our system，We see that we have now reached the stage of establishing a document system，What should we lawyers do next。We need to see a pattern in our system，That is, how to implement the rule of law government mentioned in the Fourth Plenary Session of the 18th CPC Central Committee、A society ruled by law，How do we achieve it。This may be our next goal，On the one hand, we need to strengthen the details of the policy，Another legal synchronization。

Huang Yong:

Let’s review competition policy，We legal professionals may be looking for that concept somewhere，When did competition policy emerge?。My personal opinion is ours1993Constitution stipulates that the future economic development system of our country is the socialist market economy。As long as the market economy is implemented，Its competition policy must have existed since then。But now more of what we see is，Inside our economic leading policies and basic policies，There is no competition policy，More alternatives are industrial policies，w88 casino gamesSo we can see this process，Since we have to implement marketization，Its competition policy must be continuously improved，Finally reached this basic status as stipulated in our central documents。Let’s look for this concept，The earliest is Article 1 of the Anti-Monopoly Law9items，About the responsibilities of the Anti-Monopoly Committee of the State Council，For the first time, “research and formulation of relevant competition policies” appeared。The next seven years are blank，Included in our “Thirteenth Five-Year Plan”，No expression for competition policy found。

Due to the goals established by our Third Plenary Session of the 18th CPC Central Committee，We found a new path，New policy engine，It’s competition policy。Started to work hard last year，On the fast track。We saw several files that everyone is very familiar with，It is expressed as “strengthening the guidance of competition policy and industrial policy on innovation”，"Exploring the Fair Competition Review System"，This was only mentioned in the March document。The May document mentioned “promoting the coordination of the two policies”，“Establishing and regulating a system for competition review”。The words used will be different in June，Called “accelerating the introduction of the fair competition review system”，The most important document everyone knows by October，It is “gradually establishing the basic status of competition policy”，At the same time, the expression for fair competition review is called "implementation of fair competition review system"。We see that whether it is competition policy，It is still a fair competition review mechanism to implement competition policy，There has been rapid development in this year。Until June this year，We see，34Notice No. has been issued，is a document specifically aimed at the fair competition review system。

Huang Yong:

Good afternoon everyone，We have been studying China’s competition policy and the implementation of antitrust laws in the past few years，And learn from foreign experience，How to apply it to our law enforcement and legal refinement，How should China’s competition policy be further improved，And how to better implement competition policy，To ensure the next step of deepening reform and marketization of our country。Thank you very much to the organizer of the conference for inviting me to have a very brief communication with you。

I just listened to seniors and experts、Leader’s Speech，I also gained a lot。But today I look at it from another angle，Let’s talk about the legal protection for the implementation of competition policy from the perspective of a legal person，And the problems currently faced in legal protection。The debate between industrial policy and competition policy is discussed by two famous economists，Of course the host also talked about it，As legal professionals，Maybe you are also concerned about the boundary between industrial policy and competition w88 live casinopolicy，Because the thinking of legal people may be different from the thinking of economists，We pay more attention to the definition of concepts。Because only if the concept and scope are clearly defined，Only then can we proceed to the next step。We pay more attention to what our procedures are，We pay more attention to legal responsibilities。Of course there is a solid piece in the middle，It’s a matter of rights and obligations。No matter what，I personally think that the debate between industrial policy and competition policy is very meaningful，This debate is not only of concern to economists，We in the legal profession are also paying attention，especially competition law and antitrust law，We are currently discussing it on different occasions，It is the relationship between industrial policy and competition policy and its legal protection。

In summary，Industrial policy still exists in our country，And it has the rationality and laws of its existence。But we now propose this industrial policy and competition policy，I think an important significance lies in our understanding and philosophy，Bringing these two policies closer。This kind of bringing us closer to the goal given by the central government，It is the fundamental status of competition policy，Its goal is one step further。Just like Mr. Wu said just now，No matter how many plans there are in our country，It is still the policy of the Central Committee of the Communist Party of China，Almost in the high-profile documents of several years of economic development，I haven’t seen the words “competition policy” yet。I think the current debate，It is the goal of our economic development，Our domestic demand，Caused by our external environment，We need to resolve the relationship between the government and the market。But we see that in concept and understanding，Bring it closer。I often talk about simplistic industrial policies，In fact, you can see that it is definitely led by the government。In terms of time, it is short-term or plays a certain role within a certain period，And its methods are very familiar to everyone，They are all government administrative means。Also mentioned just now，For example, some disadvantages，We are studying issues in the photovoltaic industry，We see the disadvantages。Competition policy in simple terms，It is the inherent laws of the market that govern，It requires the long-term mechanism of the market to work。And ensure this competition policy，It is more of a guarantee of the rule of law，Means of rule of law，And this method of rule of law first requires our economic constitution、Antitrust law plays an important role，Of course in the end we have to talk about it as a systematic function。

(This article is a summary of some textual records of the forum)