January 07, 2013

provisions

The amount of the fine and the enforcement of law concerning. Han Liang said, China is currently involved in the illegal price law two. In accordance with the " price law " provisions, to illegal enterprises fine not more than the illegal income 5 times, while the " china lawyers anti-monopoly law " provisions fined up to relevant operator before one year management forehead 1% to 10%.

Han Liang pointed out that, due to China " antitrust law " in 2008 August began formal implementation, in accordance with the law is not retroactive, as well as in the new and old methods from old and mitigating the principle, development and Reform Commission antitrust authority can only be based on the " price law " on this occurred in 2001 to 2006 between the case for punishment.

Han Liang thinks china tax, although Chinese move to Samsung and other 6 enterprises fine amount is lower than the EU and the United States, but passes a signal is a little weak, it is not because Multi-National Corporation China anti-monopoly law enforcement history is short, do not follow the rules of the game, do them in Europe and the United States did not dare to do.

However, this case also shows, China in " antitrust " must conform with international further. The first is a more detailed guidance on legal, " if the case is " antitrust law ", then the calculation of the amount of the fine " sales " refers to the liquid crystal panel turnover or enterprise all sales? Is the Chinese mainland sales or global sales? ". Han Liang points out, China is now the " anti-monopoly law " principle is quite strong, " has the advantages of wide adaptation but remains to be perfect ".

The second is to execute the law team construction. " Development and Reform Commission antitrust bureau after more than 30 people, but the EU has hundreds of people, the United States antitrust enforcement is more than 1000 people ". Han Liang pointed out that, in addition to the increase in the number of, many industry insiders best hope is that China is a unified antitrust agencies, but the NDRC, Ministry of Commerce, the State Administration for Industry and Commerce three foot and the situation in the short term it is difficult to change.

Han Liang said, the past two years, the NDRC and other law enforcement agencies and many related to monopoly cases, but these cases are generally smaller and more involved in small company. But from the end of 2011 telecommunications, Unicom, the Commission began to pay attention to large enterprises, large Multi-National Corporation.

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