Recently, the Supreme People's Court promulgated the "Provisions on Several Issues Concerning the Application of Laws in the Trial of Monopoly Civil Disputes" (hereinafter referred to as "Judicial Interpretation"), which is the first judicial interpretation in the field of anti-monopoly trials in China. To this end, the topic of monopoly and anti-monopoly in the industry has once again become a hot spot. Experts believe that at present, industries such as light industry, daily chemicals, and beverages are not monopolistic issues, but market concentration is not enough, leading to disorderly competition in the market. Some companies that occupy a majority share of the market do not involve monopoly if they do not abuse their market dominance to harm consumers' interests. To solve the administrative monopoly is to look at the leading enterprises in the major industries and industries in the country, and its market share seems to have reached the level of monopoly. But is there a quantitative standard for judging monopolistic behavior? Ma Yu, a senior researcher at the Ministry of Commerce, said in an interview that "the standard can't say that there is no way to make a general judgment based on the difference in the industry." Researcher Ma Yu said, "There are two extremes at home, that is, some important area is the administrative monopoly, known as the field of telecommunications, petroleum, railways, electricity, etc., which together are the national anti-monopoly to be solved, this monopoly can not be solved, other monopolies are just the surface. "in addition, In other general open fields, the monopoly of our country has not yet reached the stage of high monopoly. No matter whether it is the electronic information industry, or the light industry, the daily chemical industry, or the beverage industry, it is not a monopoly problem, but it is precisely the market concentration in many fields is not enough. We see that the market status is not the result of monopoly, it is often vicious competition, and the market controls problems. If we do not go against the administrative monopoly, but go to the market concentration area to anti-monopoly, it is precisely to reverse the problem. Gong Baihua, a professor at Fudan University Law School, told reporters that “the more common form of industry monopoly is the price alliance. Alliance members keep the league to maintain the lowest price. For example, the common airlines in the past did not cut the price of the alliance. This is a monopoly position. Market behavior. " No abuse of market dominance is not regarded as a monopoly reporter. In the provisions of Article 18 of the Anti-Monopoly Law, "one operator can achieve a market share in the relevant market if the market share reaches one-half. Dominance." However, the "Anti-Monopoly Law" also stipulates that only the existence of "abuse of market dominance" should be hit. How does the abuse of market dominance manifest itself? Ma Yu said that there are two basic preconditions for judging monopoly. One is to have market dominance and the other is to abuse market dominance. Nowadays, the phenomenon of truly abusing market dominance is not very prominent. What is more prominent is the monopoly agreement of illegal anti-monopoly law, such as the tourism industry, whose industry associations actually oppose low-price competition. After all, industry associations are not price alliances. Intervention of prices in the name of associations is a blatant violation of the Anti-Monopoly Law. "For some companies, the market share may already account for the vast majority, but it does not harm the interests of consumers by abusing market share. This does not constitute a monopoly." Ma Yu said, "From an international perspective, antitrust has Focus on "market share (concentration)" to "monopoly behavior", that is, even if a company occupies a large share of a certain product market, but does not take unfair competition to crowd out competitors and harm consumers' interests, then the government It does not regard it as a monopoly and conducts anti-monopoly penalties. A typical example is Microsoft, which has encountered anti-monopoly investigations in the United States because of "bundled sales," that is, "inappropriate use of market dominance," rather than splitting it down to reduce it. Up to 80% of the market concentration in the operating system field. If anti-monopoly "pre-prohibition" is carried out, it is mainly aimed at those industries that may form "first barriers" or natural monopoly industries." As Ma Yu researcher described, at present our country is basically Enterprises with market control status cannot be found. The market concentration of most industries and products is insufficient, and economies of scale are insufficient. We now encourage mergers and acquisitions, increase market concentration, and address issues such as quality issues, R&D issues, and economies of scale... which are good for the market and consumers. Traceability: It is difficult to judge the suspected monopoly of multiple industries. According to the reporter, there are endless incidents of suspected monopoly in various industries. There are two harms in engaging in monopoly in the industry. Gong Bohua introduced that one is not conducive to consumers, and the other is not conducive to the development of the industry. The state is prohibited from monopolizing rather than improving the quality of service or technological improvements to obtain profit. Therefore, our country is also governing the behavior of obtaining illegitimate interests through industry monopoly and price alliance. However, the judgment and definition of monopolistic behavior is because there is no clear boundary, which makes the problem difficult to solve. Some time ago, Tencent and the 360 ​​monopoly case , the Qihoo 360 v. Tencent monopoly case, which was hailed as the first anti-monopoly dispute in China, caused widespread concern. After a seven-hour intense confrontation, the court did not pronounce the case in court. It is understood that the definition of the instant messaging market, whether Tencent has market dominance, and whether Tencent abuses its market dominance has become the focus of the day's trial. According to media reports, Ma Huateng, Chairman and CEO of Tencent, responded to Tencent’s “monopoly†topic for the first time in a recent peak conversation. Ma Huateng said that the market share is not a sufficient condition for monopoly, but only one of the conditions, and whether or not to use this condition to do bad things, this is the most critical judgment. Youku, the potato merger case Youku, and the potato merger case also triggered questions about the monopolistic behavior in the online video market. According to the financial statements of both parties, Youku.com's net income for the fiscal year 2011 was 897.6 million yuan. Tudou's net revenue for the fiscal year 2011 was 512.2 million yuan, and the combined revenue was about 1.4 billion yuan. According to the "Regulations of the State Council on the Standards for the Concentration of Business Operators", "all the operators participating in the concentration have a total marketing volume of more than 2 billion yuan in China in the fiscal year, and at least two of them were in the previous fiscal year in China. The turnover in the territory exceeds 400 million yuan, and it should be reported to the competent department of commerce of the State Council in advance. In March 2012, Youku and Tudou publicly stated that the sales and market share generated by the two mergers did not constitute a monopoly. The collective price increase of daily chemical products is suspected of monopoly? The news of the collective price increase of the Japanese brands has also aroused strong public concern. In March this year, the Beijing Youth Daily reported that domestic and foreign brands such as Unilever, Procter & Gamble, and Nais would increase their prices, with an average increase of about 10%. Netizens strongly question the collective price increase of daily chemical companies. Is it suspected of monopoly? According to industry insiders, in the daily chemical industry, the price adjustment has been closely linked to the small daily chemical companies to follow the local strong daily chemical companies, the local strong daily chemical brands followed the multinational giants. This time, Unilever and Procter & Gamble took the lead in raising prices, which led to a chain reaction of local Japanese companies.
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