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Market Supervision Bureau: Internet Is Not A Place Outside The Anti Monopoly Law

2021/1/14 16:04:00 0

Vipshop

Recently, the General Administration of market supervision filed a case against vipshop (China) Co., Ltd. and Guangzhou vipshop e-commerce Co., Ltd. on suspicion of unfair competition according to the report.

Vipshop "on the list": equality of size and size in front of rules

On the morning of the 14th, the official website of the State Administration of Market Supervision announced that:

Recently, the General Administration of market supervision filed a case against vipshop (China) Co., Ltd. and Guangzhou vipshop e-commerce Co., Ltd. on suspicion of unfair competition according to the report.

From the Internet giants with various business categories to the relatively small vertical e-commerce, the recent actions of the national regulatory authorities have sent a clear signal: whether it is large or small, the market regulation rules are treated equally.

The market is the most scarce resource in the world, and it is also the resource for development. To protect and give full play to the advantages of China's super large-scale market, we must strengthen the governance of market economy order and promote the realization of fair competition among all kinds of market entities. Fair competition is the foundation stone of market economy.

In recent years, with the vigorous development of the Internet economy, a large number of network platforms have risen rapidly. While innovating business models, injecting a lot of fresh blood into the market economy and bringing convenience to consumers, the homogenization competition and multi field competition are becoming increasingly fierce, and the problems of unfair competition are becoming more and more prominent: online advertising shielding, traffic hijacking, data hacking, click fraud and bundling Binding software, malicious infringement; offline forcing platform businesses to "choose one from two" and reducing employees' due benefits, resulting in the influence of online unfair competition to offline transmission. All kinds of unfair competition are harmful and hidden, which are quietly eroding the foundation of the healthy development of market economy.

To be bigger and stronger is the goal of every enterprise, which is also advocated by fair competition and escorted by market supervision laws and regulations. However, if we abuse the "big" or make it bigger through improper ways, other competitors will be reduced to their power, or even lose their competitive ability. The whole market will become "unique" and cannot be "full of spring". For the public, once the options are lost, the price of goods can be manipulated, and the ultimately transferred cost still needs to be paid by consumers.

It seems that the cost of rectifying the chaos of unfair competition is very high, but if it is at the expense of competition order and public welfare, the hidden cost that society will pay in the future is more immeasurable. Because of this, the recent political bureau meeting and the central economic work conference clearly proposed to strengthen anti-monopoly and prevent the disorderly expansion of capital, emphasizing "to strengthen regulation, enhance regulatory capacity, and resolutely oppose monopoly and unfair competition".

In an interview with the central media recently, the leading comrades of the State Administration of market supervision and Administration said: "continuously strengthening the law enforcement of anti-monopoly and anti unfair competition has clearly released a strong signal that both online and offline can not be outside the law of anti-monopoly and anti unfair competition", while the specific governance path includes "timely correction of platform economic competition through case filing investigation and administrative punishment." Some prominent problems of disorder.

Some may wonder whether punishment is more symbolic? The TA probably didn't realize the guiding role of the case itself: the judgment and ruling of the law enforcement department has always had a far-reaching impact on the choice of the industry, which will play a great exemplary role in guiding enterprises to check whether they are in compliance and whether their actions are within the legal scope.

It is this kind of regulation and adjustment that will make the concept of fair competition more and more popular among the people, let the market subjects really use their energy to innovation under the healthy and orderly rules, let consumers fully enjoy the dividends brought by market development, and let us have a better business environment to brew and cultivate more abundant vitality.

This is the purpose of strengthening market supervision.

Market Supervision Bureau: the Internet is not outside the antimonopoly law

On December 14, the main person in charge of the antimonopoly Bureau of the State Administration of market supervision said that in the first half of this year, it had reviewed and approved the application case of concentration of business operators involving the agreement control structure without conditions - the case of the newly established joint venture between mingchazhegang and Huansheng information, and was reviewing the agreement control structure related to the merger of Guangzhou Huya Technology Co., Ltd. and Wuhan douyu Yule Network Technology Co., Ltd Of the business operators.

At the "double 11" administrative guidance meeting on regulating online economic order, the market supervision administration also made it clear that the concentration of business operators involving the agreement control structure is also applicable to the anti-monopoly law, and should declare and accept the anti-monopoly examination according to law. There are also relevant provisions in the draft of anti monopoly guidelines on the field of platform economy. The reason why this issue has been emphasized many times is not to say that the concentration involving the agreement control structure before this need not be declared, but to further clarify and restate the requirements for the declaration of concentration in accordance with the law. Because in practice, some enterprises still hold a wait-and-see attitude, and even some enterprises do not take the initiative to declare after being reminded. No matter what type of enterprise, whether the operator under investigation, the target company or the actual controller of the relevant enterprise has an agreement control structure, they should declare the concentration of business operators according to law, and the illegal implementation of concentration will be subject to corresponding administrative punishment.


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