August 30.2007-The introduction of anti-monopoly law, prohibits various forms of monopolistic behavior
August 30, 2007 July 18 (Chinese New Year), the introduction of anti-monopoly law, prohibiting all kinds of monopolistic behavior. In In 2007 August 30 afternoon, the twenty-ninth session of the Standing Committee of the Tenth National People's Congress voted through the anti-monopoly law, which since 1994 for the film included in the legislative plan of the National People's Congress, The laws introduced brewing for 13 years, painted on to a successful close. (TodayinHistory.cn)
analysts said, the development and introduction of the law, is conducive to the protection of market competition, promote healthy economic development, is bound to have a profound impact on the Chinese economy. operators the
According to reports, this newly introduced law will prohibit monopolistic behavior, including operating monopolistic agreements, abuse of a dominant market position, the operators have or may have to exclude or restrict competition concentrated. At the same time, make specific provisions to acts of abuse of administrative power to eliminate or restrict competition. The law explicitly propose two models of review should be carried out on foreign mergers and acquisitions involving national security.
"AML is the most important one legal maintaining market competition order, its introduction of the country, especially in some of the natural monopoly industries competitive awareness improve will have very far-reaching impact . Foreign Economic and Trade University Professor Huang Yong, society is bound to deepen the understanding of the market economy with the introduction of the law, to establish and perfect the mechanism of each enterprise and industry competition, market economic system so that the entire country can be further improvement and development. According to reports,
, antitrust law has become an important cornerstone of the world to safeguard fair competition and market economic order, as of now, nearly 90 countries worldwide promulgation and implementation of antitrust. Since 1994, the anti-monopoly law is included in the the NPC legislative plan. 2006 anti-monopoly law draft for the first time the NPC Standing Committee, and then, after many deliberations, being perfected. the
"economic life monopoly outstanding performance in two ways: First, on the economic significance of market monopoly behavior, such as fixed-price entered into an agreement to restrict output, divide markets and the abuse of a dominant market position . Second, the use of administrative powers to form a monopoly through market under national control fields and industries with natural monopoly characteristics. "Shang Ming, the Commerce Department of Treaty and Law Secretary that the antitrust laws from the reality of China, according to the needs of the development of market economy, dedicates a chapter regulating all kinds of monopolistic behavior. This suppression of monopolistic behavior, to protect fair competition, standardize the market economic order, and to protect the interests of consumers, to protect the healthy development of the socialist market economy, has a very important significance.
"shortly before World Ramen Association China Branch Ramen enterprise jointly prices, is very typical of monopolistic behavior." Li Lianning, member of the Standing Committee of the National People's Congress, said that the development and introduction of the anti-monopoly law, will be conducive to safeguarding the legitimate rights and interests of consumers.
In addition, the anti-monopoly law on foreign mergers and acquisitions of domestic enterprises to make the relevant provisions. Article 31 in accordance with the law: foreign mergers and acquisitions of domestic enterprises, or otherwise participate in the concentration of business operators, involving national security, national security review, in addition to the operators to focus on the review in accordance with the provisions of this Law, should also be carried out in accordance with the relevant provisions of the State. (L $ djτ.ЙЁT)
"provisions compared to anti-monopoly law as a market economy, the Basic Law, a legal form of more explicit that the previous department. "The State Council Development Research Center of foreign trade and economic expert Zhao Jinping. the
in recent years, with the transfer of the global industrial structure, the share of foreign mergers and acquisitions in China in the growing. Energy production, machinery manufacturing, food and consumer goods production, commercial, financial services sector to become an important area of foreign mergers and acquisitions. Some multinational mergers and acquisitions, the implementation of some of the key enterprises in China sparked industry debate on foreign mergers and acquisitions is likely to endanger national security. the
in 2006, the Chinese authorities have issued the mergers and acquisitions of domestic enterprises by foreign investors and the utilization of foreign capital "Eleventh Five-Year" plan "to require review of foreign mergers and acquisitions of malicious and supervision. However, two to better guide and regulate the use of foreign investment documents some people misread signals into China narrowed attract investment door.
"as prescribed by the department and the previously issued anti-monopoly law on the one hand is the specification of the behavior of foreign mergers and acquisitions, but also for the protection of foreign mergers and acquisitions. Its introduction will not be an impact on the normal foreign mergers and acquisitions and utilization of foreign capital. "Zhao Jinping, legal protection of the mature market is precisely the investment conditions for overseas investors most fancy. The antitrust laws are intended to protect competition, to build a fair and free market order, it will enable the introduction of China's investment environment will be more complete, and will further enhance the confidence of the foreign investors in China's economic development prospects.
Review: very critical of a legal
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