This is how the investigation of the anti-monopoly case was carried out. The reporter interviewed Wu Dongmei, deputy director of the Anti-Monopoly Investigation Department of the State Development and Reform Commission.
Actively surrendering China's anti-monopoly investigations on the above 12 companies began in April this year, and Japan's anti-monopoly agencies conducted related investigations in 2010 and 2011. Since then, these companies have surrendered to anti-monopoly agencies that have implemented anti-monopoly laws such as the United States and the European Union, and that are active in law enforcement and strict in regulation.
The reason why enterprises will surrender is because most countries, including China’s anti-monopoly law, stipulate that the operators actively report to the anti-monopoly law enforcement agencies about the situation of reaching a monopoly agreement and provide important evidence. The anti-monopoly law enforcement agencies may reduce or exempt the discretionary The punishment of the operator.
China’s anti-monopoly law was implemented on August 1, 2008. In recent years, the Development and Reform Commission has successively investigated and dealt with anti-monopoly cases such as liquid crystal panels, milk powder and liquor.
In March 2014, the Anti-Monopoly investigators of the Development and Reform Commission conducted a surprise investigation into Hitachi China for other anti-monopoly cases. Investigators publicized and explained the relevant provisions of China's anti-monopoly law to Hitachi China. On April 2, Hitachi volunteered to the Development and Reform Commission and reported on the situation of a monopoly agreement with relevant companies and provided important evidence. Subsequently, companies such as Fujitsu and others have surrendered.
Initiating the investigation According to the clues, the Development and Reform Commission sends a list of survey questions and related documents to the relevant enterprises, asking them to answer questions, provide original work notes, meeting minutes, emails, etc. At the same time, the Development and Reform Commission will directly participate in the price negotiation personnel and company management personnel to the Development and Reform Commission for inquiries, so as to make the investigation of the time and place of the consultation, the products negotiated, the specific form, the quotation, and the duration of the investigation.
Investigators repeatedly check the content of the survey. During the period, some corporate parties or employees will take responsibility for the relevant monopolistic behaviors on the grounds that the time has passed for too long and cannot be remembered. In the end, in the face of a large amount of evidence and facts, these companies recognize the monopolistic behavior.
The Development and Reform Commission found that the practices of these enterprises have excluded and restricted market competition, improperly affected the prices of China's Auto Parts, complete vehicles and bearings, and damaged the legitimate rights and interests of downstream manufacturers and the interests of Chinese consumers. Monopoly law provisions.
In the case of Japan, the United States and other countries, the staff and corporate executives directly involved in the above-mentioned price negotiation act are criminally liable, but China’s anti-monopoly law does not provide criminal liability, and only imposes administrative penalties and civil compensation for monopolistic acts. Provisions. Therefore, as an anti-monopoly law enforcement agency, the Development and Reform Commission has made administrative penalties this time.
China's anti-monopoly law stipulates that when anti-monopoly law enforcement agencies determine the specific amount of fines, they should consider factors such as the nature, extent and duration of the illegal acts. Considering that the two cases have been illegal for more than 10 years, the implementation of monopoly agreements has been repeatedly implemented to directly exclude and restrict competition, which has serious harm and impact on the Chinese market. Therefore, it is necessary to impose heavy punishment. At the same time, enterprises that meet the stipulations of the broad provisions of the anti-monopoly law are exempted or mitigated according to law, and are legally administered, fined, fair, and fair.
For the receipt of fines, the Ministry of Finance has set up an enforcement account, and overseas companies will remit the fines to this account and directly transfer them to the state treasury.
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