A Focus Of Controversy: "anti
The focus of controversy 1
The focus of controversy 1. "Antimonopoly Law" on August 1 officially implemented, the legal framework arguably broad-brush.
2. Experts believe that more than domestic significance of its international significance, not the effectiveness of administrative monopoly.
The "economic constitution," said the "anti-monopoly law" on August 1 officially implemented, compared to Western countries, hundreds of thousands of words associated with legal documents as well as numerous examples and guidance as the anti-monopoly law enforcement in accordance with According to China's "anti-monopoly law," only 8 chapter 57 only, the original draft development plan introduced in more than 40 supporting regulations have not been introduced.
Since 1994, "Antitrust Law" preparations have been brewing for 14 years, the rough outline of the legal framework for its implementation is very complex and difficult to carry out the anti-monopoly, this was even described as "not the sheath sword first half have been broken into. "
Increase the bargaining power of Chinese enterprises
"I think the" anti-monopoly law "than the domestic significance of international significance." July 30, Southwest University of Finance and Law Professor, Yue accept the "legal Weekly" interview, said that for now China to develop "anti-monopoly law," Compared with foreign point of departure is not exactly the same. Overseas, the monopoly is mainly caused by the enterprise itself, the traditional anti-monopoly law has two important theories, which prohibits abuse of market dominant position and control of mergers.
"Whether it is state-owned or private enterprises, and large foreign enterprises, the average size is relatively small, still growing, China's monopoly mainly administrative monopoly." Yue said, "anti-monopoly law" is of great international significance The most important point is that Chapter clear that domestic enterprises by foreign capital, or otherwise participate in the operation of national security is involved, except in accordance with the provisions of this Law, the review focused on the operators, but also should be in accordance with the relevant state provisions of the national security review. "This is an innovation."
"This is anti-monopoly law abroad, although not explicitly written, but are actually doing so." Yue said. 2005, 41 members of Congress jointly submitted to U.S. President George W. Bush an open letter urging the Bush administration "to the China National Offshore Oil Corporation to 18.5 billion cash offer for U.S. oil company Unocal to strict scrutiny" to confirm the CNOOC on whether the acquisition of Unocal would threaten U.S. national security, this approach eventually hit the ninth-largest U.S. oil company CNOOC acquisition of Unocal to abort it.
Similarly, Oct. 25, 2005, Xuzhou Construction Machinery Group and U.S. investment firm Carlyle Group signed a "strategic investment agreement", Carlyle invested 375 million U.S. dollars, to purchase a wholly owned subsidiary of XCMG Xuzhou Construction Machinery Co., Ltd. 85 % of the shares. Sany Heavy Industry president immediately issued a challenge on his blog: As the leading equipment manufacturing company, it is so foreign to be holding up?
Yue believes that "anti-monopoly law" after the implementation, if you encounter this situation, China could respond to the grounds of national security is involved. With the growth and development of Chinese enterprises, among them foreign enterprises will be more frequent mergers and acquisitions activity, "anti-monopoly law" of this provision, an increase of Chinese enterprises in the negotiations of the chips, also left the Commerce Department review room.
Microsoft is likely to be the first defendant
Media reported that the world top 500 enterprises in China, many regard the best antitrust internal consultant transferred to China to train local staff. Among them, the software giant Microsoft (China), legal affairs and public relations team has entered the "readiness" state.
Is bundled with Microsoft has been much criticized Pin Sale, namely the use of Windows operating system's market position, in which the bundled Internet browsing software and media players and other software. As a dominant operating system market, bundling affects users of consumer choice, while a heavy blow to competitors. Microsoft is bundling a classic case of that has used Window + IE browser, the way kill the browser pioneer Netscape.
A Focus Of Controversy: "anti
By: witch
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