According to public information, the General Administration of Market Supervision investigated Yintai Commercial (Group) Co., Ltd. and other 12 enterprises, and found that they all violated Article 21 of the Anti-Monopoly Law of the People's Republic of China, which constituted illegal concentration of operators, and did not have the effect of excluding or restricting competition after evaluation.
12 companies were fined 500,000 each for "missing reports".
According to public information, the General Administration of Market Supervision has filed an investigation on ten cases of illegal concentration of operators, including Yintai Commercial (Group) Co., Ltd.' s acquisition of the equity of Kaiyuan Commercial Co., Ltd.
After investigation, the above ten cases all violated Article 21 of the Anti-monopoly Law of the People's Republic of China, which constituted illegal concentration of business operators, and did not have the effect of excluding or restricting competition after evaluation.
On March 2, 2002 1 and1,the General Administration of Market Supervision made a decision on administrative punishment according to the provisions of Articles 48 and 49 of the Anti-monopoly Law of the People's Republic of China, and imposed a fine of 500,000 yuan on Yintai Commercial (Group) Co., Ltd. and other two enterprises1respectively.
Experts remind that enterprises should rectify the common problems in the industry as soon as possible.
Some insiders said that "reporting" is not uncommon in the industry.
It is reported that since the Ministry of Commerce announced the first case of failure to declare punishment according to law in 20 14, the cases of failure to declare punishment according to law in China have been on the rise year by year. In 20 19, the general administration of market supervision imposed administrative penalties on 18 cases in which the operators failed to declare according to law.
On February 4th, last year, at 65438, the General Administration of Market Supervision announced that Ali, Wen Yue and Honeycomb Box failed to declare the implementation of the concentration of operators according to law, and the three enterprises were also fined 500,000 yuan.
Li Qing, former deputy director of the Price Supervision and Anti-monopoly Bureau of the National Development and Reform Commission and director of the Price Supervision and Competition Bureau of the State Administration of Market Supervision, believes that the three companies were fined 500,000 not because their mergers and acquisitions excluded or restricted competition, but because they failed to fulfill the declaration procedures before concentration.
According to the relevant provisions of China's Anti-monopoly Law, operators who meet the declaration standards must report to the anti-monopoly law enforcement agencies before concentration, and the anti-monopoly law enforcement agencies can concentrate the operators only after examination and approval. Now the three companies have been fined 500 thousand, mainly because the merger of the three companies has not fulfilled the declaration procedures.
Therefore, although theoretically all monopolistic behaviors may be involved by Internet companies. However, in reality, in the field of administrative law enforcement, there are only cases where operators concentrate on not reporting cases. Out of respect for law enforcement agencies, it is inaccurate to simply determine what monopolistic behaviors exist on the current Internet platform before the anti-monopoly law enforcement agencies make a new case decision.
Some insiders also said that "reporting" is a common problem in the industry. The punishment of 12 enterprises is a repeat of the punishment of Ali, Reading and Honeycomb Box last year.
Wang Xianlin, then a member of the Expert Advisory Group of the State Council Anti-monopoly Committee and vice president of china law society Economic Law Research Association, said that these cases were not complicated, and they all reached the threshold of concentration of operators who needed to declare anti-monopoly review in China, but they did not declare.
Experts pointed out: "Punishment is not an end, but to alert enterprises to rectification. Enterprises should rectify as soon as possible. "
It can be predicted that in the future, the "reporting" behavior of enterprises will be strictly investigated. Under the supervision of national laws and regulations, the common problems in the industry will be rectified and eradicated, and the development of enterprises will be more standardized.