久久亚洲国产成人影院-久久亚洲国产的中文-久久亚洲国产高清-久久亚洲国产精品-亚洲图片偷拍自拍-亚洲图色视频

US EUROPE AFRICA ASIA 中文
Business / View

Antitrust probes open and fair

By Jessica Su (China Daily) Updated: 2014-08-27 06:59

The recent high-profile probes into multinational shipping, auto and high-tech companies have been accompanied by penalties on State-owned enterprises and sweeping measures to tackle administrative monopolies.

Antitrust probes are a key element of China's policy to free the market of predators and monopolies to build a level playing field for enterprises regardless of their nationalities or ownership structures. But still some people see the antitrust moves as discriminatory and coercive.

In August last year, for example, Reuters quoted two anonymous sources to claim that a Chinese antitrust official "pressured" multinationals to confess to antitrust violations and warned them against hiring "independent" lawyers to fight their cases. In April this year, the US Chamber of Commerce wrote to US Secretary of State John Kerry and Treasury Secretary Jacob Lew, urging Washington to pressure Beijing to deal leniently with foreign companies in the antitrust probes. And earlier this month, the European Chamber of Commerce said it had heard "alarming" accounts from European companies that intimidation tactics are being used to force companies to accept penalties without full hearings.

Most of the allegations focus on procedures. Lobbyists see China's antitrust move as a protectionist tool favoring the domestic industry, and thus avoid assessing the antitrust move from the market's point of view and asking whether companies can violate market laws in the US and get away with it.

So, are the allegations based on facts or are they speculative? Three government agencies - the Ministry of Commerce, the National Development and Reform Commission and the State Administration for Industry and Commerce - were tasked in August 2008 to enforce the Anti-Monopoly Law in China. The law respects all parties' right to be heard and the right of defense, giving the parties facing investigation the opportunity to get sufficient information on antitrust concerns and to respond to them. It also allows them to seek administrative and judicial reviews of the adverse decisions.

After closely observing parties and officials under investigation for six years as an antitrust lawyer and then as a researcher, I have reached certain conclusions. First, no company under investigation appealed its case without the help of "independent" lawyers. "Independent" lawyers have frequently appeared at oral hearings, submitted written responses on behalf of their clients and attended meetings and less formal consultations with teams working on cases and senior decision-makers. In fact, market sources say there has been a 20 percent increase in the demand for antitrust lawyers, and they have become the "hottest commodity" in the legal sector in the past 12 to 18 months. How could this happen if companies were not hiring lawyers?

Second, enforcement records reflect increased transparency. Under the Anti-Monopoly Law, the Minister of Commerce is required to publish prohibition and conditional merger decisions, but not unconditional merger clearance. For monopoly agreements and abuse of the dominant position a company enjoys in the market, the law says enforcement agencies "may publish the decisions", which means that publication of decisions is at the discretion of the NDRC and the SAIC. But despite that, the NDRC and SAIC have published enforcement information and decisions, and, since late 2012, the Ministry of Commerce has made public merger decisions on a quarterly basis.

And third, rule-making has been expedited to increase legal certainty and accountability. New rules, including those limiting discretionary powers, are in the offing.

In sum, China's antitrust move broadly conforms to international norms in substance and is marked by increasing transparency and due process. Due process and fair dealings are fundamental human rights, which should be applicable to enterprises too.

But procedural rules differ significantly from one country to another, depending on variables such as legal culture, tradition and stage of development. China, though, welcomes unbiased and constructive opinions. There is an increasing need for lawyers to help resolve questions, from substantial to procedural aspects of complicated antitrust cases.

People are indeed welcome to bring in their lawyers. Chinese antitrust enforcement officials are listening. But finding faults where there are none and spreading rumors or rigidly applying the US and EU standards to Chinese rules do not help.

The author is an associate professor at the Institute of American Studies at the Chinese Academy of Social Sciences.

Hot Topics

Editor's Picks
...
...
主站蜘蛛池模板: 特级av毛片免费观看 | 亚洲女人被黑人猛躁进女人 | 国产色视频一区二区三区 | 欧美日韩一区二区视频免费看 | 日韩午夜在线视频 | 免费国产成人高清视频网站 | 超矿碰人人超人人看 | 看一级毛片国产一级毛片 | 国产精品亚洲四区在线观看 | 国产一级一片免费播放 | 伊人色综合久久天天人手人停 | 日韩久久一区二区三区 | 精品久久久久久国产91 | 久久久久久综合对白国产 | 亚洲最新在线视频 | 美女张开腿给男生桶下面视频 | 成年男女拍拍拍免费视频 | 久久久久欧美精品网站 | 亚洲另类视频在线观看 | 日本免费不卡在线一区二区三区 | 国产精品玖玖 | 亚洲免费成人在线 | 日韩午夜在线视频不卡片 | 欧美做暖小视频xo免费 | 久久久久久久久一级毛片 | 国产精彩视频在线 | 久久视频免费在线观看 | 三级理论手机在线观看视频 | 亚洲欧美卡通动漫丝袜美腿 | 国产黄网站 | 久久精品一区二区国产 | 精品久久久久久久久中文字幕 | 欧美在线综合视频 | 污全彩肉肉无遮挡彩色 | 亚洲一区二区三区视频 | 亚洲天堂欧美 | 久久91精品国产91久久 | 久久久久女人精品毛片九一 | 午夜一区二区福利视频在线 | 伊人久热这里只有精品视频99 | 97国产成人精品免费视频 |