The "Anti-Monopoly Law" has been impacted by the implementation of five major industries such as railway telecommunications

Today, from the time of the legislative study to the final adoption of the "Anti-Monopoly Law," which has gone through nearly 14 years, it has been formally implemented. Legal experts expect that Microsoft is likely to be the first defendant to go to court and become the country's "anti-monopoly first defendant."


The basis is Article 17 of Chapter III of the Anti-Monopoly Law: a€?Prohibited operators with market dominance are prohibited from engaging in any of the following abuses of market dominance: the tying of goods without justification or the addition of other unreasonable transaction terms."


action


Regardless of success or failure, you must also participate in a


"Any success or failure must also participate in a Microsoft." IT industry and Microsoft have a competitive relationship between the companies have said that Microsoft is definitely in a "monopoly" status, in full compliance with the "antitrust" limited by the scope.


At present, the law departments of several domestic IT companies competing with Microsoft are studying the law and look forward to giving Microsoft a shot at the right time.


Industry insiders believe that if Microsoft is listed as the first defendant after the implementation of China's "Anti-Monopoly Law," it will have a strong symbolic significance for the industry to warn international companies of the monopoly formed at home through the dual advantages of technology and the market. .

Forward-looking


Domestic software vendors are expected to loosen


Wang Xin, assistant to the president of Kingsoft Software, said that if all people use Windows, their lifeline is equal to the hands of others. If domestic software vendors get liberation from this, not only will China's software industry get a broader living space, but domestic users will also get cheaper and richer software products in full market competition.


In fact, in the anti-monopoly case in Europe and the United States, Microsoft has already learned a lesson. On September 17, last year, the European Court of First Instance finalized its decision to support the EU's 2004 anti-monopoly decision. In 1997, the US Department of Justice also accused Microsoft operating systems of illegally bundling browser software with Windows operating system software.


concern


Won the lawsuit but lost the market


However, people in the legal profession believe that Microsoft has a lot of experience in dealing with antitrust issues, and the power of legal affairs and public relations is strong, but China is not prepared enough and it is difficult to obtain substantial results in a short period of time. In addition, judging from international practice, an anti-monopoly lawsuit will take several years to complete. Even if it finally wins the lawsuit, it will soon lose the opportunity to come back in the market. For example, Microsoft once lost the lawsuit, but still tied Netscape, the overlord of Internet browsers.


To this end, legal experts suggest that the details of the "Anti-Monopoly Law" are of paramount importance in practical operations. Only after the "monopoly" or "non-monopoly" is defined for specific industries, markets, and corporate behaviors, domestic Antitrust work will be more efficient.


It is understood that at present, Microsoft (China)'s public relations team has entered the preparation phase. According to News Evening News, Beijing Business Daily


5 major industries to be impacted


The formal implementation of the "Anti-Monopoly Law" and the "use of market dominance" or "abuse of administrative power" to restrict competition will be regarded as illegal. The five largest industries in the domestic railways, telecommunications, petroleum, automobile, and software that are recognized as the most likely monopoly in the country will bear the brunt.

railway


"Administrative monopoly" is the most suspect


Article 37, Chapter 6 of the Anti-Monopoly Law stipulates: "Administrative organs must not abuse their administrative power to formulate regulations that contain content that excludes or restricts competition."


Legal experts said that because the railway is completely state-owned, the key to the monopoly suspect in the railway industry is not its "abuse of market dominance," and the controversy over whether it has an "administrative monopoly" is suspect. However, the "iron boss" is likely to play the trump card of "the industry that links the lifeblood of the national economy and national security" and thus escapes the "anti-monopoly law."


telecommunications


Typical "market dominance"


Article 19 of Chapter 3 of the Anti-Monopoly Law states: "In any of the following circumstances, it may be presumed that the operator has a dominant position in the market: the market share of an operator in the relevant market is one-half; two The total market share of the operators in the relevant markets reaches two-thirds; the market share of the three operators in the relevant markets totals three quarters."


Obviously, China Telecom, China Mobile and even China Unicom all belong to the suspects with a "dominant market position." If it can be broken, the most immediate change for users is the reduction or even reduction of various tariffs.


oil


Trading relies on two dominance


Apart from Article 19 of Chapter 3 of the Anti-Monopoly Law, Article 18 of the Law also clearly states: "According to the degree of reliance of other business operators on the business operators on the transaction," it will be deemed that the business operators have a market. Dominant position."


According to statistics, private oil companies have now dropped from 3,340 in 1998 to less than 300, and private gas stations have also dropped from 5,630 to 45,000. Obviously, due to the control of domestic crude oil resources and marketing, it is not the private oil companies that are unwilling to supply oil, but have no access to oil. PetroChina and Sinopec have always been in two dominant states, especially the phenomenon of oyster sauce waiting to rise. serious.

car


Limit sales sales limit


Article 14 of Chapter 2 of the Anti-Monopoly Law stipulates: "Operators and trade counterparties are prohibited from reaching the following monopoly agreements: fixing the price of resale of goods to third parties; limiting the minimum price for reselling goods to third parties. "Chapter V also clearly stipulates that "other acts that hinder the free circulation of goods between regions" are prohibited.


From this point of view, the automobile manufacturers' violation of the "injunction" was imposed on the minimum price set by dealers and the regulations on sales in restricted areas.


software


Everyone uses Windows


Article 17 of Chapter III of the Antimonopoly Law stipulates: a€?Prohibitors with market dominance are prohibited from engaging in any of the following abuses of market dominance: the tying of goods without justified reasons, or the addition of other unreasonable trading conditions when trading. ."


Microsoft took advantage of the operating system to bundle office software, multimedia software, or MSN's misconduct and formed a monopoly on "all citizens use Windows." In addition, Microsoft has long refused to open source code and has maintained a higher price system in China than in the United States.

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