On the role and limitations of anti monopoly, the significance and role of anti monopoly

Legal Analysis: The Anti-Monopoly Law is an important basic law for the market economy. Its effective implementation is of great significance to maintaining fair competition in the market, enhancing China's economic vitality and competitiveness, protecting the interests of consumers and the public interest, and promoting the healthy development of the socialist market economy.

As one of the leading anti-monopoly law enforcement agencies, the State Administration for Industry and Commerce formulates supporting regulations for the Anti-Monopoly Law, which is an inevitable requirement to ensure the smooth implementation of the Anti-Monopoly Law of the People's Republic of China, and is also an important part of the establishment of the rule of law.

Legal basis: Article 1 of the Anti-Monopoly Law of the People's Republic of China is formulated in order to prevent and stop monopolistic behavior, protect fair competition in the market, improve the efficiency of economic operation, safeguard the interests of those who eliminate suspicion and the public interest, and promote the healthy development of the socialist market economy.

Legal Analysis: Anti-monopoly guarantees healthy competition in the market under the principles of freedom and equal opportunity. It is through the competition of survival of the fittest that the market mechanism forces enterprises to reduce costs, improve quality, improve management, and actively innovate, so as to achieve the results of improving efficiency and optimizing resource allocation.

Legal basis: Anti-Monopoly Law of the People's Republic of China

Article 2 This Law shall apply to monopolistic conduct in economic activities within the territory of the People's Republic of China; This Law applies to monopolistic conduct outside the territory of the People's Republic of China that has an impact on the elimination or restriction of competition in the domestic market.

Article 4: The State formulates and implements competition rules that are compatible with the socialist market economy, improves macroeconomic regulation and control, and completes unification.

1. An open, competitive and orderly market system.

Article 8: Administrative organs and organizations authorized by laws or regulations to administer public affairs must not abuse their administrative power to eliminate or restrict competition.

The purpose and significance of the Anti-Monopoly Law is to eliminate all kinds of interference and obstruction to the role of the competition mechanism through the mandatory effect of the law, protect the rights of market entities to participate in market competition, safeguard the competitive market structure, and protect the legitimate rights and interests of consumers. The role of the anti-monopoly law is mainly manifested by achieving effective competition, and at the same time, it is also manifested in making up for the shortcomings of the market mechanism itself. Judging Chang.

Legal analysis: From the perspective of economics, in a market environment with complete freedom and no constraints, there will be a Matthew effect, that is, the stronger the stronger, and the weaker the weaker.

Large enterprises eat up small enterprises or suppress small enterprises, and small enterprises are constantly merged and integrated, and eventually there is a situation where one is dominant, the industry is oligopoly, and the industry is monopolized. The purpose of regulation is not to completely deactivate large corporations, but to limit the disorderly expansion of capital and prevent it from endangering the economic and social order.

Legal basis: Article 46 of the Anti-Monopoly Law of the People's Republic of China Where a business operator reaches and implements a monopoly agreement in violation of the provisions of this Law, the anti-monopoly law enforcement agency shall order it to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 1% but not more than 10% of the sales volume of the previous year; If the monopoly agreement reached has not been implemented, a fine of not more than 500,000 yuan may be imposed. If the operator takes the initiative to report to the anti-monopoly law enforcement agency the circumstances related to the conclusion of the monopoly agreement and provides important evidence, the anti-monopoly law enforcement agency may, at its discretion, reduce or waive the punishment of the business operator.

Where an industry association violates the provisions of this Law by organizing business operators in that industry to reach a monopoly agreement, the anti-monopoly law enforcement agency may impose a fine of up to 500,000 yuan; where the circumstances are serious, the registration management organs for social groups may revoke registration in accordance with law.

Hello, dear and happy, I am very happy to serve you, I have found relevant information for your reference, because monopoly damages social fairness, resulting in the concentration of funds in the hands of a few people in the industry, so anti-monopoly. The economy of a region depends on the consumption power of the public, so areas with various monopolies will feel that business is not good and there is no money to be made. In this way, consumers are more likely to seek low-priced products, which in turn contributes to the monopoly of the industry.

Therefore, for enterprises that expand their operations with a low-price strategy, it is necessary to strengthen supervision and standardize the tax collection on them. Anti-monopoly and building an economic order of fair competition are the inherent requirements for improving the economic system of the socialist market and promoting high-quality development. In terms of the substantive system, it has absorbed the general consensus of global anti-monopoly law, which includes the prohibition of monopoly agreements, the prohibition of abuse of market dominance, and the review of concentration of undertakings.

In light of China's actual situation, the rule of "prohibiting the abuse of administrative power to eliminate or restrict competition" has been added, which is regulated as a type of independent monopolistic behavior, fully embodying the attitude of respecting the law, seeking truth from facts, and being objective and pragmatic. The law is based on slag.

In addition to endangering the rule of the state and ruthlessly exploiting the workers, the monopoly of the front brigade will lead to a waste of a large amount of social resources.

Legal basis: Article 1 of the Anti-Monopoly Law of the People's Republic of China is formulated in order to prevent and stop monopolistic behavior, protect fair competition in the market, improve the efficiency of economic operation, safeguard the interests of consumers and the public interest, and promote the healthy development of the socialist market economy.

Legal Analysis: (1) Monopoly Agreements.

2) Abuse of market support to make a situation in which the market is in place.

3) A concentration of undertakings that has or may have the effect of eliminating or restricting competition.

4) Abuse of administrative power to eliminate or restrict competition.

Legal basis: Article 13 of the Anti-Monopoly Law of the People's Republic of China prohibits competitive undertakings from entering into the following monopoly agreements:

1) Fix or change the goods**;

2) Restricting the quantity of goods produced or sold;

3) Segmentation of the sales market or raw material procurement market;

4) Restricting the purchase of new technologies or equipment, or restricting the development of new technologies or products;

5) Boycott of transactions;

6) Other monopoly agreements identified by the anti-monopoly law enforcement agency.

"Monopoly agreement" as used in this Law refers to an agreement, decision, or other concerted act that excludes or restricts competition.