BEIJING, Aug. 1 (Xinhua) -- China's first
anti-monopoly law took effect on Friday, viewed as a milestone of the country's
efforts in promoting a fair competition market and cracking down on monopoly
activities.
The law, which was proposed 14 years ago and finally
received official approval last year from the Standing Committee of the National
People's Congress, the country's top legislature, aimed to build a uniform,
open, transparent market, and to encourage fair competition, experts said.
Sheng Jiemin, a Peking University law professor, told
Xinhua it had introduced some advanced concepts from America's anti-monopoly
law, which strikes at dominating enterprises' monopolistic activities and puts
safeguarding consumer rights as priority.
"It is different from other economic laws," Sheng
explained. "Punishment usually comes after a long and thorough investigation and
research under the anti-monopoly law."
The State Council, China's Cabinet, said it had
established an Anti-monopoly Committee earlier this week. It will research and
map out relevant laws, investigate and monitor enterprises and companies, assess
the competition situation in the market and cooperate with other government
bodies to enforce the law.
Despite this significant improvement in the country's
economic reform and legal system, experts felt the government still had a lot to
do to perfect the law and enhance its efficiency.
"There is possibility for crossing and overlay of the
functions between the three law enforcement bodies," Sheng said. "It is hoped
that an unified institution comes out in the coming years, which will be better
in accordance with the country's situation."
"The country currently has no better measures to
solve the monopoly problem in some crucial centrally-administrated and
state-owned large enterprise and industrials," said Zhang Yansheng, the NDRC's
International Economic Research Institute director.
Any activities that harm consumer rights were
discouraged, Zhang added.
Three government organs, including the National
Development and Reform Commission (NDRC), the Ministry of Commerce, and the
State Administration for Industry and Commerce (SAIC), will enforce the law and
carry out its implementation in a coordinated fashion.
The SAIC said earlier it had established an
independent bureau, which was in charge of investigating and punishing unfair
competition, commercial bribery, smuggling and other cases that broke relevant
economic laws.
In addition, the country's top economic regulator,
the NDRC, finished a draft of the anti-price monopoly law regulation earlier
this week, which was a component of the anti-monopoly law.
According to the draft, monopolizing enterprises that
intended to control prices, dump their products at extremely low prices and sold
products at various prices between different consumers at random, would face
punishment.
"The anti-price monopoly law regulation will
determine the government's actions in cracking down on price monopoly via a
legal basis," said Li Lei of the NDRC's price supervision department.
The anti-monopoly law was not expected to shake the
country's "4S" automobile marketing mode, which features a combination of
"sales, spare parts, service, and survey," market analysts said.
"Since no single automobile enterprise dominates the
domestic market, there is no monopoly in this sector," said a Ministry of
Commerce official who declined to be named. "The only problem is excessive
competition."