"How are three different law enforcement agencies to ensure coherence between, will be China's Anti-Monopoly Committee of the biggest challenges." As a Chinese American Chamber of Commerce President, 瑭瑰鏂悏鑾?Man has once again on China's "anti-monopoly law," the implementation of the published their point of view.
Sitting in the office of Beijing China Resources Building, Jimo Man this time, the "anti-monopoly law," the evaluation of more praise. Positive tone, he said, the implementation of anti-monopoly law will help China build up to its name in the market economy, "We welcome the implementation of the law." Jimo Man's views on anti-monopoly law and many domestic experts in almost exactly the same, they all believe in this law for the Chinese the importance of establishing a market economic system. But two years ago, Jimo Man on the draft anti-monopoly law at the time or the views of a stomach, for example, he had doubts as to the specific market share as a company have a dominant market determined whether the standard is reasonable?
"We very much appreciate the Chinese government in the formulation of national competition policy, can take these to the foreign anti-monopoly law enforcement departments, professional lawyers and industry groups for advice." Ji Moman said. After 7 years, the U.S. Chamber of Commerce to China's "anti-monopoly law" to develop institutions to convey the concerns of member companies and their own views.
Jimo Man is also a lawyer, he said that the Chinese anti-monopoly law is only a first step, there are many problems through the implementation of rules and operational guidelines to clear, such as competition and based on the dual grounds of national security review process transactions rules, the definition of abuse of intellectual property and standards, and so on. Sino-US dialogue on anti-monopoly law enforcement needs
"21st Century": Last month, you start a conference on anti-monopoly law enforcement training and technical assistance programs, mainly for the Chinese anti-monopoly law enforcement officials. Can a brief overview of the project situation?
Jimo Man: This project is supported by several U.S. government agencies began to operate, including the Trade Development Department, the Trade Representative Office, the Ministry of Justice, the Federal Trade Commission, Ministry of Commerce, and China and the U.S. Chamber of Commerce U.S. Chamber of Commerce, represented by private institutions.
This project aid from the United States Trade and Development Agency (USTDA), American Chamber of Commerce is responsible only for the organization and coordination of course, involved in the project mainly from the Chinese and U.S. officials. In China, the Ministry of Commerce, SAIC, the National Development and Reform Commission and the State Council Legislative Affairs Office and other agencies are involved, mainly from the Ministry of Commerce officials. The United States, mainly from the Ministry of Justice officials. This is a Deputy Director-level official dialogue.
"21st Century": Start on the eve of anti-monopoly law in China, why the U.S. should start such a project?
Jimo Man: This is to enhance China-US dialogue and cooperation between the antitrust part of the effort made. This project will provide the U.S. government and industry participants with Chinese officials to provide a broad platform to the drafting of a transparent manner, formulate the implementation details of anti-monopoly law, the public have the opportunity to comment on the proposed rules to make the Regulations more in line with market discipline, thus the companies operating in China to improve the competitive environment.
For Americans, the benefits of this project is for U.S. officials and business people with the Chinese anti-monopoly law enforcement officials the opportunity for direct communication. China's officials, the greatest value of this project is to provide them a learning platform that can draw a useful U.S. antitrust enforcement experience.
This project is very technical, because the anti-monopoly law enforcement itself is a very technical job. Such as how to identify monopolistic behavior, how to provide relief to the victims, how to split a company constitute a monopoly, and so on. From the curriculum point of view, M & A review of the content is of interest to Chinese officials.
The project will also train Chinese officials and help them understand how to make anti-trust provisions and the final implementation of the rules could be best used to promote competition to ensure fairness to all market participants.
Cross-sector review should be efficient
"21st century": implementation of the anti-monopoly law in the process of training programs, training of Chinese officials are most concerned about?
Jimo Man: Chinese officials the biggest puzzle is how to actually make the law operational. You know, China's anti-monopoly committee recently set up a lot of things waiting for them to complete. They must ensure that this law can be highly feasible. For example, they are concerned about the three anti-monopoly law enforcement agencies, coordination of the internal division of labor, they know the need to ensure coherence between sectors, or the implementation of anti-monopoly law could not succeed.
"21st Century": Do you think the Chinese anti-monopoly law enforcement agencies to cooperate where possible problems?
Jimo Man: from the current view of their division of labor, price fixing under the jurisdiction of NDRC, SAIC is responsible for monitoring the abuse of dominant market position, the Commerce Department responsible for the review of concentration of business operators, and in the above three institutions is State Anti-Monopoly Committee is responsible for co-ordination. View from the current division of labor may occur in some areas of overlapping jurisdiction between law enforcement agencies the situation.
In my opinion, most likely overlapping jurisdiction of the Ministry of Commerce and Business Administration. Abuse of dominant market position means that a company has a majority market share, while the operators are two companies focused on mergers and acquisitions, which often result in the new company has a dominant market position.
Therefore, the director of the Antimonopoly Committee of China will face challenges. He must coordinate the work of the three law enforcement agencies to ensure cross-sector antitrust review could efficiently.
"21st Century": that in this training program, Chinese officials were then able to learn what aspects of the experience this?
Jimo Man: The United States also has two anti-trust laws of the implementing agencies, namely the Federal Trade Commission and the Justice Department. Federal Trade Commission more attention to the field of civil law enforcement, the Justice Department is mainly responsible for the criminal jurisdiction of antitrust. Therefore, China's system somewhat similar to the United States Foreign Investment Review Board, in this committee is to assume different functions of the following government departments, including the Ministry of Commerce, the Department of Energy, Ministry of Finance, Ministry of Labour and so on.
According to Foreign Investment Review Board of operating experience, the responsibilities between different departments if there is no cross, it will operate smoothly. But now, the Chinese Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur. "Intellectual property abuse" provisions need to be refined
"21st Century": Anti 55th Article of the operator shall not abuse of intellectual property, eliminate or restrict competition. It is said many multinational companies are very concerned about this article?
Jimo Man: anti-monopoly law is only one provision on the abuse of intellectual property rights, our members need more details. Law must be clear what is "abuse" because the nature of intellectual property is a monopoly, it was willing to invest in technological innovation, that is, they can monopolize the intellectual property in a certain period of time, otherwise, who are willing to invest?
United States antitrust laws, and no such provision, because it belongs to the contents of patent law. But does the United States patent law also provides for the prohibition of which the abuse of intellectual property rights provisions, the United States has accumulated a lot of jurisprudence in this area, formed on the "abuse" determine the complete system. We look forward to more of China's legislative rules or judicial interpretation issued.
"21st Century": the body should be responsible for the abuse of intellectual property rights of review?
Jimo Man: This is one of our greatest confusion. I am told, is the intellectual property by the court or the State Intellectual Property Office is responsible for court, but they are all placed outside the National Anti-Monopoly Committee. We think that will be responsible for review of abuse of intellectual property rights into the national law enforcement agencies within the framework of the Antimonopoly Committee may be more reasonable.
"21st Century": the members of your business whether antitrust concerns about the implementation?
Jimo Man: I think our member companies do not worry about it. Because almost all of the companies have extensive global operations experience. Conduct their business has been proven to meet the interests of consumers in most countries, has withstood the test of the legal system in many countries. Therefore, we believe our business conduct is regulated.
Of course, we are very concerned about the legal obligations under anti-monopoly law in China and Europe and the United States by different laws, whether, if so, then we do need to change some of the traditional business behavior.
China Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur.
Interview people
Reporter Chen Shanzhe
ZHANG Man from Beijing's practice
"How are three different law enforcement agencies to ensure coherence between, will be China's Anti-Monopoly Committee of the biggest challenges." As a Chinese American Chamber of Commerce President, 瑭瑰鏂悏鑾?Man has once again on China's "anti-monopoly law," the implementation of the published their point of view.
Sitting in the office of Beijing China Resources Building, Jimo Man this time, the "anti-monopoly law," the evaluation of more praise. Positive tone, he said, the implementation of anti-monopoly law will help China build up to its name in the market economy, "We welcome the law implement." Jimo Man's views on anti-monopoly law and many domestic experts in almost exactly the same, they all believe in this law for the Chinese the importance of establishing a market economic system. But two years ago, Jimo Man on the draft anti-monopoly law at the time or the views of a stomach, for example, he had doubts as to the specific market share as a company have a dominant market determined whether the standard is reasonable?
"We very much appreciate the Chinese government in the formulation of national competition policy, can take these to the foreign anti-monopoly law enforcement departments, professional lawyers and industry groups for advice." Ji Moman said. After 7 years, the U.S. Chamber of Commerce to China's "anti-monopoly law" to develop institutions to convey the concerns of member companies and their own views.
Jimo Man is also a lawyer, he said that the Chinese anti-monopoly law is only a first step, there are many problems through the implementation of rules and operational guidelines to clear, such as competition and based on the dual grounds of national security review process transactions rules, the definition of abuse of intellectual property and standards, and so on. Sino-US dialogue on anti-monopoly law enforcement needs
"21st Century": Last month, you start a conference on anti-monopoly law enforcement training and technical assistance programs, mainly for the Chinese anti-monopoly law enforcement officials. Can a brief overview of the project situation?
Jimo Man: This project is supported by several U.S. government agencies began to operate, including the Trade Development Department, the Trade Representative Office, the Ministry of Justice, the Federal Trade Commission, Ministry of Commerce, and China and the U.S. Chamber of Commerce U.S. Chamber of Commerce, represented by private institutions.
This project aid from the United States Trade and Development Agency (USTDA), American Chamber of Commerce is responsible only for the organization and coordination of course, involved in the project mainly from the Chinese and U.S. officials. In China, the Ministry of Commerce, SAIC, the National Development and Reform Commission and the State Council Legislative Affairs Office and other agencies are involved, mainly from the Ministry of Commerce officials. The United States, mainly from the Ministry of Justice officials. This is a Deputy Director-level official dialogue.
"21st Century": Start on the eve of anti-monopoly law in China, why the U.S. should start such a project?
Jimo Man: This is to enhance China-US dialogue and cooperation between the antitrust part of the effort made. This project will provide the U.S. government and industry participants with Chinese officials to provide a broad platform to the drafting of a transparent manner, formulate the implementation details of anti-monopoly law, the public have the opportunity to comment on the proposed rules to make the Regulations more in line with market discipline, thus the companies operating in China to improve the competitive environment.
For Americans, the benefits of this project is for U.S. officials and business people with the Chinese anti-monopoly law enforcement officials the opportunity for direct communication. China's officials, the greatest value of this project is to provide them a learning platform that can draw a useful U.S. antitrust enforcement experience.
This project is very technical, because the anti-monopoly law enforcement itself is a very technical job. Such as how to identify monopolistic behavior, how to provide relief to the victims, how to split a company constitute a monopoly, and so on. From the curriculum point of view, M & A review of the content is of interest to Chinese officials.
The project will also train Chinese officials and help them understand how to make anti-trust provisions and the final implementation of the rules could be best used to promote competition to ensure fairness to all market participants.
Cross-sector review should be efficient
"21st century": implementation of the anti-monopoly law in the process of training programs, training of Chinese officials are most concerned about?
Jimo Man: Chinese officials the biggest puzzle is how to actually make the law operational. You know, China's anti-monopoly committee recently set up a lot of things waiting for them to complete. They must ensure that this law can be highly feasible. For example, they are concerned about the three anti-monopoly law enforcement agencies, coordination of the internal division of labor, they know the need to ensure coherence between sectors, or the implementation of anti-monopoly law could not succeed.
"21st Century": Do you think the Chinese anti-monopoly law enforcement agencies to cooperate where possible problems?
Jimo Man: from the current view of their division of labor, price fixing under the jurisdiction of NDRC, SAIC is responsible for monitoring the abuse of dominant market position, the Commerce Department responsible for the review of concentration of business operators, and in the above three institutions is State Anti-Monopoly Committee is responsible for co-ordination. View from the current division of labor may occur in some areas of overlapping jurisdiction between law enforcement agencies the situation.
In my opinion, most likely overlapping jurisdiction of the Ministry of Commerce and Business Administration. Abuse of dominant market position means that a company has a majority market share, while the operators are two companies focused on mergers and acquisitions, which often result in the new company has a dominant market position.
Therefore, the director of the Antimonopoly Committee of China will face challenges. He must coordinate the work of the three law enforcement agencies to ensure cross-sector antitrust review could efficiently.
"21st Century": that in this training program, Chinese officials were then able to learn what aspects of the experience this?
Jimo Man: The United States also has two anti-trust laws of the implementing agencies, namely the Federal Trade Commission and the Justice Department. Federal Trade Commission more attention to the field of civil law enforcement, the Justice Department is mainly responsible for the criminal jurisdiction of antitrust. Therefore, China's system somewhat similar to the United States Foreign Investment Review Board, in this committee is to assume different functions of the following government departments, including the Ministry of Commerce, the Department of Energy, Ministry of Finance, Ministry of Labour and so on.
According to Foreign Investment Review Board of operating experience, the responsibilities between different departments if there is no cross, it will operate smoothly. But now, the Chinese Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur. "Intellectual property abuse" provisions need to be refined
"21st Century": Anti 55th Article of the operator shall not abuse of intellectual property, eliminate or restrict competition. It is said many multinational companies are very concerned about this article?
Jimo Man: anti-monopoly law is only one provision on the abuse of intellectual property rights, our members need more details. Law must be clear what is "abuse" because the nature of intellectual property is a monopoly, it was willing to invest in technological innovation, that is, they can monopolize the intellectual property in a certain period of time, otherwise, who are willing to invest?
United States antitrust laws, and no such provision, because it belongs to the contents of patent law. But does the United States patent law also provides for the prohibition of which the abuse of intellectual property rights provisions, the United States has accumulated a lot of jurisprudence in this area, formed on the "abuse" determine the complete system. We look forward to more of China's legislative rules or judicial interpretation issued.
"21st Century": the body should be responsible for the abuse of intellectual property rights of review?
Jimo Man: This is one of our greatest confusion. I am told, is the intellectual property by the court or the State Intellectual Property Office is responsible for court, but they are all placed outside the National Anti-Monopoly Committee. We think that will be responsible for review of abuse of intellectual property rights into the national law enforcement agencies within the framework of the Antimonopoly Committee may be more reasonable.
"21st Century": the members of your business whether antitrust concerns about the implementation?
Jimo Man: I think our member companies do not worry about it. Because almost all of the companies have extensive global operations experience. Conduct their business has been proven to meet the interests of consumers in most countries, has withstood the test of the legal system in many countries. Therefore, we believe our business conduct is regulated.
Of course, we are very concerned about the legal obligations under anti-monopoly law in China and Europe and the United States by different laws, whether, if so, then we do need to change some of the traditional business behavior.
China Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur.
Interview people
Reporter Chen Shanzhe
ZHANG Man from Beijing's practice
"How are three different law enforcement agencies to ensure coherence between, will be China's Anti-Monopoly Committee of the biggest challenges." As a Chinese American Chamber of Commerce President, 瑭瑰鏂悏鑾?Man has once again on China's "anti-monopoly law," the implementation of the published their point of view.
Sitting in the office of Beijing China Resources Building, Jimo Man this time, the "anti-monopoly law," the evaluation of more praise. Positive tone, he said, the implementation of anti-monopoly law will help China build up to its name in the market economy, "We welcome the implementation of the law." Jimo Man's views on anti-monopoly law and many domestic experts in almost exactly the same, they all believe in this law for the Chinese the importance of establishing a market economic system. But two years ago, Jimo Man on the draft anti-monopoly law at the time or the views of a stomach, for example, he had doubts as to the specific market share as a company have a dominant market determined whether the standard is reasonable?
"We very much appreciate the Chinese government in the formulation of national competition policy, can take these to the foreign anti-monopoly law enforcement departments, professional lawyers and industry groups for advice." Ji Moman said. After 7 years, the U.S. Chamber of Commerce to China's "anti-monopoly law" to develop institutions to convey the concerns of member companies and their own views.
Jimo Man is also a lawyer, he said, China anti-monopoly law is only a first step, there are many problems through the implementation of rules and operational guidelines to clear, such as competition and based on the dual grounds of national security review process transactions rules, the definition of abuse of intellectual property and standards, and so on. Sino-US dialogue on anti-monopoly law enforcement needs
"21st Century": Last month, you start a conference on anti-monopoly law enforcement training and technical assistance programs, mainly for the Chinese anti-monopoly law enforcement officials. Can a brief overview of the project situation?
Jimo Man: This project is supported by several U.S. government agencies began to operate, including the Trade Development Department, the Trade Representative Office, the Ministry of Justice, the Federal Trade Commission, Ministry of Commerce, and China and the U.S. Chamber of Commerce U.S. Chamber of Commerce, represented by private institutions.
This project aid from the United States Trade and Development Agency (USTDA), American Chamber of Commerce is responsible only for the organization and coordination of course, involved in the project mainly from the Chinese and U.S. officials. In China, the Ministry of Commerce, SAIC, the National Development and Reform Commission and the State Council Legislative Affairs Office and other agencies are involved, mainly from the Ministry of Commerce officials. The United States, mainly from the Ministry of Justice officials. This is a Deputy Director-level official dialogue.
"21st Century": Start on the eve of anti-monopoly law in China, why the U.S. should start such a project?
Jimo Man: This is to enhance China-US dialogue and cooperation between the antitrust part of the effort made. This project will provide the U.S. government and industry participants with Chinese officials to provide a broad platform to the drafting of a transparent manner, formulate the implementation details of anti-monopoly law, the public have the opportunity to comment on the proposed rules to make the Regulations more in line with market discipline, thus the companies operating in China to improve the competitive environment.
For Americans, the benefits of this project is for U.S. officials and business people with the Chinese anti-monopoly law enforcement officials the opportunity for direct communication. China's officials, the greatest value of this project is to provide them a learning platform that can draw a useful U.S. antitrust enforcement experience.
This project is very technical, because the anti-monopoly law enforcement itself is a very technical job. Such as how to identify monopolistic behavior, how to provide relief to the victims, how to split a company constitute a monopoly, and so on. From the curriculum point of view, M & A review of the content is of interest to Chinese officials.
The project will also train Chinese officials and help them understand how to make anti-trust provisions and the final implementation of the rules could be best used to promote competition to ensure fairness to all market participants.
Cross-sector review should be efficient
"21st century": implementation of the anti-monopoly law in the process of training programs, training of Chinese officials are most concerned about?
Jimo Man: Chinese officials the biggest puzzle is how to actually make the law operational. You know, China's anti-monopoly committee recently set up a lot of things waiting for them to complete. They must ensure that this law can be highly feasible. For example, they are concerned about the three anti-monopoly law enforcement agencies, coordination of the internal division of labor, they know the need to ensure coherence between sectors, or the implementation of anti-monopoly law could not succeed.
"21st Century": Do you think the Chinese anti-monopoly law enforcement agencies to cooperate where possible problems?
Jimo Man: from the current view of their division of labor, price fixing under the jurisdiction of NDRC, SAIC is responsible for monitoring the abuse of dominant market position, the Commerce Department responsible for the review of concentration of business operators, and in the above three institutions is State Anti-Monopoly Committee is responsible for co-ordination. View from the current division of labor may occur in some areas of overlapping jurisdiction between law enforcement agencies the situation.
In my opinion, most likely overlapping jurisdiction of the Ministry of Commerce and Business Administration. Abuse of dominant market position means that a company has a majority market share, while the operators are two companies focused on mergers and acquisitions, which often result in the new company has a dominant market position.
Therefore, the director of the Antimonopoly Committee of China will face challenges. He must coordinate the work of the three law enforcement agencies to ensure cross-sector antitrust review could efficiently.
"21st Century": that in this training program, Chinese officials were then able to learn what aspects of the experience this?
Jimo Man: The United States also has two anti-trust laws of the implementing agencies, namely the Federal Trade Commission and the Justice Department. Federal Trade Commission more attention to the field of civil law enforcement, the Justice Department is mainly responsible for the criminal jurisdiction of antitrust. Therefore, China's system somewhat similar to the United States Foreign Investment Review Board, in this committee is to assume different functions of the following government departments, including the Ministry of Commerce, the Department of Energy, Ministry of Finance, Ministry of Labour and so on.
According to Foreign Investment Review Board of operating experience, the responsibilities between different departments if there is no cross, it will operate smoothly. But now, the Chinese Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur. "Intellectual property abuse" provisions need to be refined
"21st Century": Anti 55th Article of the operator shall not abuse of intellectual property, eliminate or restrict competition. It is said many multinational companies are very concerned about this article?
Jimo Man: anti-monopoly law is only one provision on the abuse of intellectual property rights, our members need more details. Law must be clear what is "abuse" because the nature of intellectual property is a monopoly, it was willing to invest in technological innovation, that is, they can monopolize the intellectual property in a certain period of time, otherwise, who are willing to invest?
United States antitrust laws, and no such provision, because it belongs to the contents of patent law. But does the United States patent law also provides for the prohibition of which the abuse of intellectual property rights provisions, the United States has accumulated a lot of jurisprudence in this area, formed on the "abuse" determine the complete system. We look forward to more of China's legislative rules or judicial interpretation issued.
"21st Century": the body should be responsible for the abuse of intellectual property rights of review?
Jimo Man: This is one of our greatest confusion. I am told, is the intellectual property by the court or the State Intellectual Property Office is responsible for court, but they are all placed outside the National Anti-Monopoly Committee. We think that will be responsible for review of abuse of intellectual property rights into the national law enforcement agencies within the framework of the Antimonopoly Committee may be more reasonable.
"21st Century": the members of your business whether antitrust concerns about the implementation?
Jimo Man: I think our member companies do not worry about it. Because almost all of the companies have extensive global operations experience. Conduct their business has been proven to meet the interests of consumers in most countries, has withstood the test of the legal system in many countries. Therefore, we believe our business conduct is regulated.
Of course, we are very concerned about the legal obligations under anti-monopoly law in China and Europe and the United States by different laws, whether, if so, then we do need to change some of the traditional business behavior.
China Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur.
Interview people
Reporter Chen Shanzhe
ZHANG Man from Beijing's practice
"How are three different law enforcement agencies to ensure coherence between, will be China's Anti-Monopoly Committee of the biggest challenges." As a Chinese American Chamber of Commerce President, 瑭瑰鏂悏鑾?Man has once again on China's "anti-monopoly law," the implementation of the published their point of view.
Sitting in the office of Beijing China Resources Building, Jimo Man this time, the "anti-monopoly law," the evaluation of more praise. Positive tone, he said, the implementation of anti-monopoly law will help China build up to its name in the market economy, "We welcome the implementation of the law." Jimo Man's views on anti-monopoly law and many domestic experts in almost exactly the same, they all believe in this law for the Chinese the importance of establishing a market economic system. But two years ago, Jimo Man on the draft anti-monopoly law at the time or the views of a stomach, for example, he had doubts as to the specific market share as a company have a dominant market determined whether the standard is reasonable?
"We very much appreciate the Chinese government in the formulation of national competition policy, can take these to the foreign anti-monopoly law enforcement departments, professional lawyers and industry groups for advice." Ji Moman said. After 7 years, the U.S. Chamber of Commerce to China's "anti-monopoly law" to develop institutions to convey the concerns of member companies and their own views.
Jimo Man is also a lawyer, he said, the introduction of Jin Jin Chinese anti-monopoly law is a first step, there are many problems to be Tongguoshishi rules and operational guidelines to clarify, Biru based competition He Guojiaanquan Shuangchongliyou review process of the Jiao Yi rules, the definition of abuse of intellectual property and standards, and so on. Sino-US dialogue on anti-monopoly law enforcement needs
"21st Century": Last month, you start a conference on anti-monopoly law enforcement training and technical assistance programs, mainly for the Chinese anti-monopoly law enforcement officials. Can a brief overview of the project situation?
Jimo Man: This project is supported by several U.S. government agencies began to operate, including the Trade Development Department, the Trade Representative Office, the Ministry of Justice, the Federal Trade Commission, Ministry of Commerce, and China and the U.S. Chamber of Commerce U.S. Chamber of Commerce, represented by private institutions.
This project aid from the United States Trade and Development Agency (USTDA), American Chamber of Commerce is responsible only for the organization and coordination of course, involved in the project mainly from the Chinese and U.S. officials. In China, the Ministry of Commerce, SAIC, the National Development and Reform Commission and the State Council Legislative Affairs Office and other agencies are involved, mainly from the Ministry of Commerce officials. The United States, mainly from the Ministry of Justice officials. This is a Deputy Director-level official dialogue.
"21st Century": Start on the eve of anti-monopoly law in China, why the U.S. should start such a project?
Jimo Man: This is to enhance China-US dialogue and cooperation between the antitrust part of the effort made. This project will provide the U.S. government and industry participants with Chinese officials to provide a broad platform to the drafting of a transparent manner, formulate the implementation details of anti-monopoly law, the public have the opportunity to comment on the proposed rules to make the Regulations more in line with market discipline, thus the companies operating in China to improve the competitive environment.
For Americans, the benefits of this project is for U.S. officials and business people with the Chinese anti-monopoly law enforcement officials the opportunity for direct communication. China's officials, the greatest value of this project is to provide them a learning platform that can draw a useful U.S. antitrust enforcement experience.
This project is very technical, because the anti-monopoly law enforcement itself is a very technical job. Such as how to identify monopolistic behavior, how to provide relief to the victims, how to split a company constitute a monopoly, and so on. From the curriculum point of view, M & A review of the content is of interest to Chinese officials.
The project will also train Chinese officials and help them understand how to make anti-trust provisions and the final implementation of the rules could be best used to promote competition to ensure fairness to all market participants.
Cross-sector review should be efficient
"21st century": implementation of the anti-monopoly law in the process of training programs, training of Chinese officials are most concerned about?
Jimo Man: Chinese officials the biggest puzzle is how to actually make the law operational. You know, China's anti-monopoly committee recently set up a lot of things waiting for them to complete. They must ensure that this law can be highly feasible. For example, they are concerned about the three anti-monopoly law enforcement agencies, coordination of the internal division of labor, they know the need to ensure coherence between sectors, or the implementation of anti-monopoly law could not succeed.
"21st Century": Do you think the Chinese anti-monopoly law enforcement agencies to cooperate where possible problems?
Jimo Man: from the current view of their division of labor, price fixing under the jurisdiction of NDRC, SAIC is responsible for monitoring the abuse of dominant market position, the Commerce Department responsible for the review of concentration of business operators, and in the above three institutions is State Anti-Monopoly Committee is responsible for co-ordination. View from the current division of labor may occur in some areas of overlapping jurisdiction between law enforcement agencies the situation.
In my opinion, most likely overlapping jurisdiction of the Ministry of Commerce and Business Administration. Abuse of dominant market position means that a company has a majority market share, while the operators are two companies focused on mergers and acquisitions, which often result in the new company has a dominant market position.
Therefore, the director of the Antimonopoly Committee of China will face challenges. He must coordinate the work of the three law enforcement agencies to ensure cross-sector antitrust review could efficiently.
"21st Century": that in this training program, Chinese officials were then able to learn what aspects of the experience this?
Jimo Man: The United States also has two anti-trust laws of the implementing agencies, namely the Federal Trade Commission and the Justice Department. Federal Trade Commission more attention to the field of civil law enforcement, the Justice Department is mainly responsible for the criminal jurisdiction of antitrust. Therefore, China's system somewhat similar to the United States Foreign Investment Review Board, in this committee is to assume different functions of the following government departments, including the Ministry of Commerce, the Department of Energy, Ministry of Finance, Ministry of Labour and so on.
According to Foreign Investment Review Board of operating experience, the responsibilities between different departments if there is no cross, it will operate smoothly. But now, the Chinese Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur. "Intellectual property abuse" provisions need to be refined
"21st Century": Anti 55th Article of the operator shall not abuse of intellectual property, eliminate or restrict competition. It is said many multinational companies are very concerned about this article?
Jimo Man: anti-monopoly law is only one provision on the abuse of intellectual property rights, our members need more details. Law must be clear what is "abuse" because the nature of intellectual property is a monopoly, it was willing to invest in technological innovation, that is, they can monopolize the intellectual property in a certain period of time, otherwise, who are willing to invest?
United States antitrust laws, and no such provision, because it belongs to the contents of patent law. But does the United States patent law also provides for the prohibition of which the abuse of intellectual property rights provisions, the United States has accumulated a lot of jurisprudence in this area, formed on the "abuse" determine the complete system. We look forward to more of China's legislative rules or judicial interpretation issued.
"21st Century": the body should be responsible for the abuse of intellectual property rights of review?
Jimo Man: This is one of our greatest confusion. I am told, is the intellectual property by the court or the State Intellectual Property Office is responsible for court, but they are all placed outside the National Anti-Monopoly Committee. We think that will be responsible for review of abuse of intellectual property rights into the national law enforcement agencies within the framework of the Antimonopoly Committee may be more reasonable.
"21st Century": the members of your business whether antitrust concerns about the implementation?
Jimo Man: I think our member companies do not worry about it. Because almost all of the companies have extensive global operations experience. Conduct their business has been proven to meet the interests of consumers in most countries, has withstood the test of the legal system in many countries. Therefore, we believe our business conduct is regulated.
Of course, we are very concerned about the legal obligations under anti-monopoly law in China and Europe and the United States by different laws, whether, if so, then we do need to change some of the traditional business behavior.
China Anti-Monopoly Committee the following three agencies have overlapping functions, Therefore, in the initial stages of operational problems may occur.
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