Monopolize against the price What will be brought

Monopolize against the price What will be brought
The national development and reform committee announced " monopolized the regulation against the price " (draft) a few days ago ,This is another antitrust regulation specification since " antimonopoly law " will be implemented in August of 2008. Concrete thinning content and impact on market, industry to this draft, absorbed in the lawyer of " antimonopoly law " and professional personage in the industry and demonstrated the high-level concern.
Seven thinning supplementary " antimonopoly laws "
" antimonopoly law " lasts one year, direct against this law this year, Department of Commerce and State Administration of Industrial and Commercial issued some relevant guide and related rule, " monopolize regulation against price " another in " the antimonopoly law " supplement following these specifications.
Beijing east friend the intersection of country and lawyer think, will stipulate, carry on 7 thinning to " the antimonopoly law " generations such as lawyer's office.
"It is distinct in coordination with behavioral asserting to stipulate at first. " Zhang ShiGuo says, the specification will assert that there is price behavior which turns the operator that has consistency and " communicates between the operators " in coordination with being behavioral .
In addition specification reach price, monopolize in bid and auction activity operator agreement it defines to be a antitrust category also. "Seize them ' call the roll ' out this time, it already causes the suitable attention to explain the behavior of industry monopoly and unstandard. " Zhang ShiGuo thinks.
"The third is subdivision to that the behavior of employer's organization restrained. Though " the antimonopoly law " behavior in employer's organization go on, standardize, " monopolize regulation against price " define with angle making in detail supplementing to behavior. For example monopolize the behavior against the price in some behaviors, how to judge whether to form anti-momopoly,etc.. " Zhang ShiGuo claims.
According to the opinion draft, the employer's organization forbids making and releasing fixed or alteration prices such as the rule, decision, notice of employer's organization,etc.; Convene the operator of this trade to discuss and form agreement, resolution, summary, memorandum,etc. fixed or alteration price; Offering facility,etc. that the operator reaches prices to monopolize the agreement is all classified as the prohibitive behavior of the employer's organization.
In addition, as to " high price of unfairness " With " unfair low price " ,Will stipulate that explain and consider the standard too. "But stipulate that has also proposed one is considered specially, namely the trade can get the same kind of goods or substitute the goods from other operators at reasonable price as to people, not covered by this regulation. " Zhang ShiGuo says.
Opinion draft point out, have market arrange operator of status, have reasonable ground still, can't sell the goods at the price less than cost. "This draws definition of the reasonable ground, this is a thinning place too. " According to the regulation, the reasonable ground includes making a reduction and dealing with fresh goods, seasonal goods, six respects such as overdue goods and overstocked goods soon of term of validity in accordance with the law.
"It is for differential treatment that article 6 is thinning. According to the regulation, there is operator that the market arranges the status that does not have reasonable ground, the trade that can't be the same to the condition implements differential treatment at the price of trade as to people. " Zhang ShiGuo claims, in addition to inferring that there is operator that the market arranges the status that will have the right to carry on " counterevidence " ,Namely it is too corresponding to have evidence of arranging position of a market to offer.


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