国产热热热精品,亚洲视频久久】日韩,三级婷婷在线久久,99人妻精品视频,精品九热人人肉肉在线,AV东京热一区二区,91po在线视频观看,久久激情宗合,青青草黄色手机视频

USEUROPEAFRICAASIA 中文雙語(yǔ)Fran?ais
China
Home / China / Top Stories

Anti-trust team lacks real muscle for enforcement

By Zhao Yinan | China Daily | Updated: 2014-08-18 07:25

Despite sweeping probes into antitrust cases, China's antitrust team - government law enforcement officers and lawyers representing companies - is falling short in dealing with complicated cases.

While legal experts agree that government regulators have made good progress in investigation and law enforcement since China passed its Anti-Monopoly Law in 2008, penalties are sometimes inconsistent and enforcement lacks the capability to challenge the dominant State-owned enterprises.

Fines issued by local bureaus of the State Administration of Industry and Commerce in 2013 vary from place to place, even though they target the same industry with similar monopolistic practices, according to a five-year review by Beijing Lawyers Association.

The fines, usually about 1 percent of the company's revenues in the past year, are much lower than those issued by the National Development and Reform Commission, another government law enforcement agency, whose fines can top 10 percent, the report said.

Wang Xiaoye, an antitrust law professor at the Chinese Academy of Social Sciences' Institute of Law, rebutted speculation that the ongoing probes are targeting foreign companies.

"If we take a review over the past six years, instead of focusing on the recent years, the three government regulators have investigated more domestic companies than foreign companies," Wang said.

But she said government regulators can feel constrained when dealing with SOEs and administrative monopoly, a monopolistic practice posed by a public power.

The official status of the three government regulators is lower than many heavyweight SOEs, which leaves them vulnerable when probing cases.

The NDRC's probe into China's two largest telecom companies has yet to make a ruling since its start in 2011.

A shortage of manpower also hinders regulators from looking into bigger cases.

Although the three agencies have all expanded over the years, their teams are dwarfed compared with counterparts in the EU and the United States, where thousands of law enforcement officers work to keep market competition fair.

The NDRC's price supervision and anti-monopoly bureau expanded its staff from 20 to 46 in 2011.

Meanwhile, eight provincial areas, including Beijing, are allowed to recruit a total of 150 antitrust officers in local NDRC offices to strengthen law enforcement ability at the grassroots level.

The Ministry of Commerce, one of China's antitrust regulators, also recruited more staff to top up the review of mergers and acquisitions.

Sun Shaosong, a partner in Beijing's Guantao Law Firm, said more domestic lawyers have been working in the field since 2008.

"Chinese lawyers are proficient in fundamental antitrust work such as compliance, M&A and antitrust investigation," Sun said. "But we are usually less competitive when it involves more speculative thinking and economic calculation."

Sun said the capability gap is because European and US lawyers, in general, have seen more cases, while China only introduced its Anti-Monopoly Law six years ago.

Ning Xuanfeng, a senior antitrust lawyer and partner of King & Wood Mallesons, suggested more law schools in China should set up anti-monopoly branches to nurture young talent.

zhaoyinan@chinadaily.com.cn

Editor's picks
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
玉门市| 明溪县| 屯门区| 渭南市| 万源市| 高青县| 凤山市| 大冶市| 新闻| 新宁县| 浑源县| 南岸区| 永吉县| 灵川县| 玉田县| 临沭县| 敦煌市| 东港市| 衡山县| 永昌县| 长兴县| 灌阳县| 太保市| 湖州市| 郧西县| 大英县| 酒泉市| 灵寿县| 临安市| 咸丰县| 万源市| 定西市| 故城县| 文水县| 乾安县| 泰来县| 丹阳市| 如东县| 静安区| 勃利县| 杭州市|