LU Commissar: The standard cognizance and evidence collection of anti-price monopoly is difficult

BCC Beijing January 4 News According to economic sound "Yang Guang financial observation" reported that the national Development and Reform Commission in accordance with the "People's Republic of China anti-monopoly Law", enacted "anti-price monopoly provisions" and "counter-price monopoly administrative enforcement procedures", will be implemented from February 1, 2011.　　These two new regulations specify the form and liability of price Monopoly Agreement, abuse of market dominance and abuse of administrative power.　　The senior economist of Xingye Bank, Lu Commissar, believes that the implementation of the "anti-price monopoly regulations", price monopoly standards and evidence collection is difficult.　　On the details of these two provisions, first to connect CCTV reporter Feng Ya.　　Moderator: Do you think NDRC at this time enacted to enact the "anti-price monopoly provisions" and "anti-price monopoly administrative law enforcement procedures", whether with the current national management inflation expectations, stable prices this background? Reporter: I think so, first of all, because the anti-monopoly law itself must have a matching regulations to refine the relevant legal provisions, implementation. We know that the law is only a matter of principle, the operator and the law enforcement to really implement the words, must refine the provisions, reduce arbitrariness. In addition, from the current point of view, is also a realistic need and role.　　For example, to violate the provisions of the investigation and punishment, can be rule-based, conducive to the suppression of collusion prices, collusion in the price of the phenomenon occurred.　　Moderator: We know that today's "anti-price monopoly provisions" and "anti-price monopoly administrative enforcement procedures", there are eight kinds of price monopoly agreements are prohibited, can you give us a brief introduction of relevant content? Reporter: "anti-price monopoly provisions" prohibit the operators of competition relations to achieve fixed or change the price of the monopoly agreement, shall not organize the operator to achieve the minimum resale price agreement.　　Trade associations shall not enact rules, decisions or notices to exclude or limit price competition, and shall not organize the operators to reach a price monopoly agreement prohibited by the provisions of the anti-price monopoly. "Anti-price monopoly regulation" in the price abuse of market dominance of the behavior of six types. For example, an operator with a dominant market position shall not sell goods at unfairly high prices or at unfairly low prices, and shall not sell commodities at a price below cost for the purpose of crowding out competitors, and shall not, by setting exorbitant sales prices or too low purchase prices, refuse to trade with the opposite person in disguise　　shall not limit the transaction by means of price discount. In addition, in order to prevent the abuse of administrative power to eliminate the restriction of competition, "anti-price monopoly provisions", the administrative organs and laws, regulations authorized by the administration of public affairs functions of the Organization shall not abuse the executive power, forcing the operator to engage in price monopoly;　　The imposition of discriminatory fees or the provision of discriminatory prices.　　Moderator: These two regulations, should say that the content is very rich, what is your most concerned content? Journalist: One of my biggest concerns is the real benefits to the people, I think, the price of the law and regulations are guaranteedTo protect the lawful rights and interests of consumer operators, the promulgation of these two provisions should be conducive to the implementation of the issue of Monopoly law, the suppression of collusion, collusion in the price behavior, to better promote market competition, the protection of consumer interests.　　Besides, I'm concerned about the development and Reform Commission how to put in place, today we note that the NDRC issued a message is: Zhejiang Province Fuyang Paper Industry Association to achieve a price monopoly agreement was severely punished, I think this may be just the tip of the iceberg, then there should be more price violations are investigated and punished. Moderator: Next we continue to connect with the senior economist Lu County, Societe Generale.　　Just now we connected the reporter, the National Development and Reform Commission enacted a anti-monopoly regulation, as well as counter-price monopoly administrative law enforcement procedures, you feel that the national development and Reform Commission to formulate the meaning of these two provisions, I think it should not only to have promulgated the anti-monopoly law of a specific refinement. Lu Commissar: I think its significance both long-term and short-term, in the long term, of course, is a refinement of the anti-monopoly law, because the anti-monopoly law to determine only a basic principle and framework, how specific to carry out, of course, need specific regulations. Such a law is indeed a refinement of it, which is a long-term role. In the short term, our country is in the period of high inflation pressure, in the second half of 2010, many commodities, especially in the agricultural products hoarding speculation phenomenon, indicating that we in the maintenance of market order, price enforcement needs to be strengthened. The law enforcement process is timely and needs to be legal.　　I think the introduction of this rule is in fact very timely. Moderator: Today on the internet, Zhejiang Fuyang Paper Industry Association organization Price Monopoly exposure and punishment.　　Since 2010, this Zhejiang Fuyang Paper Industry Association has five organizations Association of more than 20 of the Executive Director units held a related industry meetings, to negotiate the packaging of white Board factory prices, according to your observation and understanding, the current domestic market similar to the price monopoly is not very serious? Lu Commissar: In fact, it should be said that in fact, the price of such a collusion is not open, and this is actually difficult to tell, especially in the supply of some goods in the absence of the situation, the price rise is difficult to judge that there is no conspiracy to contribute.　　Of course, once a thing appears to rise, people are suspected behind the price of the manipulation of monopoly, in fact, such evidence is indeed difficult.　　Moderator: Think this is actually a very complicated chain and link, the Zhejiang Province Fuyang Paper Industry association penalty 500,000 Yuan Fine, just connect the reporter when she mentioned that this is only the tip of the iceberg, you are fine 500,000 yuan how to comment?　　Lu Commissar: According to the latest regulations, such a clear and unmistakable conspiracy of course violates the provisions of the Anti-Monopoly law, of course, to punish, the punishment to achieve what kind of efforts to play a deterrent to crime, but also to see how much of its ill-gotten gains is more deterrent. Moderator: You just mentioned how to judgeMarket price monopoly is actually very difficult, these two provisions of the introduction of how you feel to bring tangible benefits to the people, for the current stability of prices, anti-inflation how to bring positive significance? Lu Commissar: A law to be able to perform well, first of all standards to be very clear. For example, to determine what the standard of a monopoly is. In fact, although published in the present several so-called very specific several ways, but in fact this in the specific operation, it may be determined that there is still a certain degree of difficulty. The second is forensics, how to be open and fair and transparent. Many conspiracy activities are in fact secretly hidden, in this case, forensics is not easy. Of course, we see that the Statute makes a relevant provision for this situation, that is, for the first informant can be exempted from punishment, this is a very correct provision, to help find such cases. The third is how to make the relevant punishment not become a random behavior. It is also important to perform a normal procedure to make it more open and transparent.