In order to implement the important decision-making arrangements of the 20th National Congress of the Communist Party of China on strengthening anti-monopoly, breaking local protection and administrative monopoly, the State Administration for Market Regulation consciously practices the people-centered development idea, actively implements the new development concept, and launches the 2023 The special anti-monopoly law enforcement action in the field of people’s livelihood has promoted the construction of a unified national market, served the establishment of a new development pattern and high-quality development, and achieved phased results.
Recently, the State Administration for Market Regulation announced the first batch of 13 typical cases of special enforcement actions, including 11 cases of market monopoly and 2 cases of abusing administrative power to exclude and restrict competition. Among these 13 cases, 5 cases occurred in the field of pharmaceuticals, and 8 cases occurred in the fields of public utilities and insurance. The relevant drugs involved in the case are included in the national essential drugs, which are used to treat major diseases such as tumors, myocardial infarction, and hemodialysis, and are related to the health of the people. The public utilities involved in the case cover areas such as heat supply, gas supply, and kitchen waste collection and transportation, providing services that are indispensable to people’s daily life, and the relevant markets have strong regional characteristics. Due to the product characteristics and market structure characteristics of the pharmaceutical industry and public utilities, monopolistic behavior is easy, frequent, and frequent, and has always been a key area of continuous attention for anti-monopoly law enforcement. The first batch of cases also included 2 cases involving trade associations, and the punishment decision will help to further guide and standardize the strict self-discipline of trade associations. In recent years, the administrative monopoly surrounding shared bicycles in the new economic field has been on the rise nationwide. The cases investigated and dealt with in this batch have particularly important policy guiding significance. Therefore, the first batch of cases are typical and representative. It is believed that through this special law enforcement, the benefits of “investigating and punishing one group, deterring one group, and regulating one group” can be strengthened, and the political, legal and social effects of anti-monopoly law enforcement can be mutually integrated. Unite.
Strengthening anti-monopoly law enforcement in the field of people’s livelihood is a specific regulatory action to practice the people-centered development idea. Popular support is the greatest politics. The idea of people-centered development is not an abstract and abstruse concept, and it should not just stay in words and stop at the ideological link, but should be reflected in all links of economic and social development. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has always put the people at the top of its mind, and promoted the results of reform and development to benefit all the people more and more equitably. The report of the 20th National Congress of the Communist Party of China profoundly expounded five major principles that must be firmly grasped on the way forward, the third of which is “adhering to the people-centered development thinking”. Anti-monopoly law is a law that protects the interests of consumers. In the chain of economic activities, consumers are the terminal link and the ultimate bearer of the consequences of monopoly. Therefore, if the interests of consumers are not remedied, they will not be able to share the dividends brought about by competition, innovation and even development. Strengthening anti-monopoly law enforcement, preventing and stopping acts that restrict competition, and safeguarding the interests of consumers are specific regulatory actions that implement the people-centered development philosophy. The special law enforcement in the field of people’s livelihood captures the most direct and practical interests of the people, guarantees and improves people’s livelihood, promotes social fairness and justice, makes development results more and more equitable for all people, and makes an irreplaceable contribution to the rule of law for common prosperity .
Preventing and stopping monopolistic behavior in the field of people’s livelihood will help promote the construction of a unified national market. The construction of a unified national market is the basic support and internal requirement for building a new development pattern, and the confidence and strength to participate in international competition. It is necessary to accelerate the construction of an efficient, standardized, fair competition, and fully open national unified market from an overall and strategic perspective. Whether the relevant market involved in the monopolistic behavior in the field of people’s livelihood is large or small, no matter whether it is a market monopoly or an administrative monopoly, it will exclude and restrict competition in the relevant market. From the perspective of market supervision, to promote the construction of a unified national market, we need to focus on the overall situation and start from the micro level, and break up various practices of closing small markets and self-circulation. To build a unified national market, it is necessary to adhere to the principles of marketization and the rule of law, give full play to the decisive role of the market in resource allocation, and better play the role of the government. my country’s anti-monopoly law not only opposes market monopoly, but also requires the breaking of administrative monopoly. Preventing market monopoly means allowing the market to play a decisive role in the allocation of resources; breaking administrative monopoly can better play the role of the government. Therefore, the anti-monopoly law is a law that promotes a better combination of an efficient market and an effective government. To build a new development pattern, it is urgent to implement the important decisions and deployments of the 20th National Congress of the Communist Party of China on strengthening anti-monopoly, breaking local protection and administrative monopoly, accelerating the construction of a unified national market, and promoting the smooth flow of commodity element resources in a wider range.
Preventing and stopping monopolistic behavior in the field of people’s livelihood will help promote high-quality development. General Secretary Xi Jinping pointed out in the report of the 20th National Congress that high-quality development is the primary task of building a modern socialist country in an all-round way. Development is the party’s top priority in governing and rejuvenating the country. Achieving high-quality development is one of the essential requirements of Chinese-style modernization and the proper meaning of a powerful socialist modernization country. Achieving high-quality development is an inevitable requirement for maintaining sustained and healthy economic and social development, adapting to the changes in the main contradictions of our society and building a modern socialist country in an all-round way. High-quality development is the fundamental requirement for us to determine development ideas, formulate economic policies, and implement macro-control at present and in the future. It must be deeply understood, fully understood, and truly implemented. The report of the 20th National Congress of the Communist Party of China pointed out that innovation is the first driving force. The important revision of the Anti-monopoly Law is that “encourage innovation” is written in the first article, which enriches the target system of my country’s Anti-Monopoly Law, effectively connects and supports each other with specific systems, and lays the foundation for the benign interaction between fair competition and innovative development. the legal basis. High-quality development cannot be separated from high-level innovation, and high-level innovation cannot be separated from fair competition. Both market monopoly and administrative monopoly will distort the competition mechanism, disrupt the competition order, and damage innovation. Only a fair competitive environment can promote innovation; only continuous prosperity and innovation can improve the level and level of competition; only by improving the level and level of competition can innovation and prosperity be further promoted, thereby continuously promoting high-quality economic development. Competition without growth and growth without innovation are not high-quality development. Therefore, to strengthen anti-monopoly and further promote the implementation of fair competition policies is to create a fair competition environment for innovation, and then continuously improve the level of competition through innovation, realize the benign interaction between competition and innovation, and combine the implementation of the strategy of expanding domestic demand with the deepening of supply-side structural reforms. The organic combination of reforms will enhance the endogenous power and reliability of the domestic cycle and promote high-quality economic development. Only with high-quality development can the fruits of reform and development benefit all the people more and more equitably.
Preventing and stopping administrative monopoly in the field of people’s livelihood will help curb the abuse of administrative power to eliminate and restrict competition. Both market monopoly and administrative monopoly will distort the competition mechanism, disrupt the competition order, and damage innovation. Preventing and curbing administrative monopoly is the biggest feature and highlight of my country’s anti-monopoly law. The purpose is to better play the role of the government so as to protect the basic position of competition policy and give play to the decisive role of the market in resource allocation. my country’s anti-monopoly law has a special chapter on administrative monopoly, which expresses the confidence and determination to continuously improve the socialist market economic system, and is an important legal mechanism to guarantee the market mechanism and maintain market order. Opposing administrative monopoly only relies on post-event anti-monopoly supervision, and the system is not yet tight. It is also necessary to regulate administrative power in an ex-ante way to maintain fair competition. To this end, my country has continuously improved the fair competition review system. The revised Anti-Monopoly Law added “strengthening the basic position of competition policy” and “the state establishes and improves the fair competition review system. When administrative agencies and organizations with the function of managing public affairs authorized by laws and regulations formulate regulations related to the economic activities of market players, “Should conduct fair competition review” and other content, clearly stipulate the basic status of competition policy in the form of law, and raise the effectiveness of the fair competition review system to the legal level, which has become a forced mechanism for deepening government reform. Objectively speaking, since the implementation of the fair competition review system, great achievements have been made and good results have been received. This special law enforcement action directly confronts several problems in the fair competition review work, for example, either the fair competition review was not conducted or the quality of the review was not high. The publication of two typical cases of administrative monopoly will help to strengthen the hard constraints of the fair competition review system and improve the quality of fair competition review.
In short, to strengthen anti-monopoly law enforcement in the field of people’s livelihood, it is necessary to adhere to the people-centered development idea, grasp the people’s livelihood attribute and development orientation of anti-monopoly work, and strengthen the law enforcement concept of “regulation for the people”. Special anti-monopoly actions in the field of people’s livelihood can leverage and promote the construction of a unified national market and help high-quality development. Publishing typical cases of special anti-monopoly actions in the field of people’s livelihood will help to exert the demonstration effect of law enforcement, help strengthen the capacity building of law enforcement teams, strengthen unified market supervision and law enforcement, and enhance the stability and predictability of market supervision systems and policies. Fight the tough battle, systematic war and protracted war to accelerate the construction of a unified national market. (Author: Shi Jianzhong, Vice President and Professor of China University of Political Science and Law, Expert of the Expert Advisory Group of the Anti-monopoly Commission of the State Council)
(Editor in charge: Li Dongyang)