Multi sector intensive voice to strengthen the anti-monopoly signal of platform economy
2021-10-29
The Political Bureau of the CPC Central Committee recently conducted the 34th collective study on promoting the healthy development of China's digital economy. Standardizing the development of digital economy and improving the governance system of digital economy have been emphasized. The reporter of economic information daily learned that the highly concerned anti-monopoly law (amendment draft) was officially announced a few days ago, which responded to the new challenges posed by the development of digital economy. The State Administration of market supervision, the Ministry of industry and information technology, the Ministry of Commerce and other departments have also made frequent statements and continued to release policy signals to strengthen the anti-monopoly of platform economy and further promote fair competition. Experts said that this year is not only a strong regulatory year for antitrust in the field of digital economy, but also a year for the improvement of regulatory norms. From the central government to ministries and commissions, the attitude of developing and regulating the digital economy is clear-cut. With the gradual clarity of the outline of China's antitrust supervision and the accelerated construction of an all-round, multi-level and three-dimensional supervision system, the foundation for the high-quality development of digital economy is more solid. Re regulation of digital economy development Anti monopoly law "We should improve the market access system, fair competition review system and fair competition supervision system, establish an all-round, multi-level and three-dimensional supervision system, realize the whole chain and all fields of supervision before, during and after the event", "prevent platform monopoly and disorderly expansion of capital, and investigate and deal with monopoly and unfair competition according to law" ... the 34th collective learning of the Political Bureau of the CPC Central Committee once again released the signal of standardizing the development of digital economy. Zhang Chenying, member of the expert advisory group of the anti monopoly Commission of the State Council and director of the competition law research center of the Law School of Tsinghua University, told the economic reference daily that China's digital economy is booming, and new business forms and models based on the platform are emerging one after another, which has played an important role in promoting high-quality economic development and meeting the people's growing needs for a better life. However, at the same time, the market concentration of platform operators is becoming higher and higher with the advantages of data, technology and capital. "Development and standardization are the two cores of the healthy development of digital economy. Standardization is conducive to protecting fair competition in the market and providing a good market environment for innovation." Promoting the healthy development of digital economy is inseparable from the escort of the rule of law. On October 23, the anti monopoly Law (Revised Draft) was officially promulgated and solicited opinions from the public. This is the first overhaul of the anti-monopoly law implemented for 13 years, which responds to the new challenges posed by the development of the digital economy, emphasizes the legislative attitude that the platform economy should not exclude and restrict competition, and adjusts the relevant rules to better regulate the development of the platform economy. Huang Yong, member of the expert advisory group of the anti monopoly Commission of the State Council and director of the competition law center of the University of foreign economic relations and trade, told the economic information daily that China's digital economy ranks second in the world and has the potential for sustainable development and growth. Supervising and standardizing the digital economy according to law is an inevitable requirement of governing the country and administration according to law, which is in line with the law of promoting the healthy development of the digital economy. It also connects with the rules of international market competition, which is conducive to further improving the international competitiveness of China's digital economy. "Anti monopoly Law (Draft Amendment) Special provisions have been added to the general provisions and abuse of market dominant position to clarify the anti-monopoly and how to anti-monopoly in the fields of digital economy and platform economy. In particular, it is proposed that "operators shall not abuse data and algorithms, technology, capital advantages and platform rules to exclude and restrict competition". This amendment will help the Internet platform based on innovation and development and move towards a broader market The economic stage, "said Zhang Chenying. Multi department actions frequently Continue to release strong regulatory signals Recently, relevant departments have made an intensive voice to continuously release the signals of strengthening the anti-monopoly of the platform economy and further promoting fair competition. The Ministry of Commerce, the central network information office and the development and Reform Commission recently issued the "14th five year plan" for the development of e-commerce (hereinafter referred to as the "plan"), which emphasizes refining the anti-monopoly and anti unfair competition rules, preventing and stopping monopoly and unfair competition in the platform economy, and guiding the platform operators to operate in accordance with the law. On October 28, Shu jueteng, spokesman of the Ministry of Commerce, said at the regular press conference of the Ministry of commerce that the plan made comprehensive arrangements for the development of e-commerce during the 14th Five Year Plan period in accordance with the overall deployment of the CPC Central Committee and the State Council on developing digital economy and building Digital China. "Adhering to the two pronged approach of promoting development and regulatory norms, while emphasizing innovation driven and encouraging the vigorous development of new models and new business forms, we should adhere to the bottom line thinking, promote fair competition, strengthen antitrust and prevent the disorderly expansion of capital." In addition, Zhang Gong, director of the General Administration of market supervision, said that the market supervision department should strive to improve the fair competition system and further lay a solid foundation for the rule of law. We will accelerate the revision of the anti-monopoly law, timely revise the anti unfair competition law, continue to improve supporting legislation, continue to improve the market access system, the fair competition review mechanism, the digital economy fair competition supervision system, and prevent and stop the abuse of administrative power to eliminate and restrict competition. We will strengthen competition supervision and law enforcement and further protect fair competition. Strive to improve the regulatory system and further improve the regulatory efficiency. Accelerate the construction of an all-round, multi-level and three-dimensional supervision system. Xiao Yaqing, Minister of industry and information technology, wrote that the vigorous development of the digital economy has brought many challenges to government governance, highlighting problems such as platform monopoly, cross-border data flow, personal information protection and data asset ownership. We should build a policy system and regulatory rules that adapt to the characteristics and laws of the development of the digital economy, and strengthen inclusive and prudent supervision in accordance with the law and regulations. From the issuance of antitrust guidelines in the field of platform economy by the antitrust Commission of the State Council to the formal implementation of the measures for the supervision and administration of online transactions; From the solicitation of opinions on the provisions on the prohibition of unfair competition on the Internet to the deliberation and approval of the opinions on strengthening anti-monopoly and deeply promoting the implementation of fair competition policy by the central deep reform commission, relevant departments have "made regulations" for many times around the development of platform economy this year. "This year is not only a strong regulatory year for the anti-monopoly of the digital economy, but also a year for the improvement of regulatory norms." Huang Yong believes that the Political Bureau of the CPC Central Committee, the central financial and Economic Commission and the central Deep Reform Commission have a clear-cut attitude in promoting the development and regulating the digital economy. The State Administration of market supervision, the Ministry of industry and information technology, the people's Bank of China, China Securities Regulatory Commission, China Banking and Insurance Regulatory Commission and other departments also put forward clear requirements from their respective perspectives. Expert advice Improve the platform economic governance system Focusing on better promoting the healthy development of the digital economy, many experts suggested to improve the platform economic governance system, optimize the regulatory framework, and promote the benign interaction between administrative supervision, enterprise compliance and social co governance. Gao Xiaoyu, deputy director of the Information Policy Institute of the national industrial information security development research center, told the economic reference daily that we should speed up the improvement of platform economic laws and regulations, timely make up for rule gaps and loopholes, strengthen the construction of data property right system, and strengthen the data security responsibility of platform enterprises. Improve the regulatory capacity and level, optimize the regulatory framework, realize the whole chain supervision before, during and after the event, and enrich the anti-monopoly regulatory force. Zhang Qinyu, director of the Institute of economic law of China University of political science and law, told the reporter of economic reference daily that it is necessary to further strengthen the social responsibility of platform enterprises. Each industry association shall assume the responsibility of self-discipline supervision and purify the bad atmosphere of the industry through industry self-discipline norms and guidelines. Establish a unified data trading market as far as possible to promote data liquidity. "At the time of amending the law, we should systematically and comprehensively consider the competition legal rules, clarify the applicable rules, unify the law enforcement standards, make the anti-monopoly law and the anti unfair competition law cooperate with each other and form a joint force, jointly maintain the platform economic competition order, and realize the national governance system and The modernization of governance capacity provides a strong guarantee for the healthy development of the socialist market economy, "said Zhang Chenying. (outlook new era)
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