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A supermonopoly is a non-market behavior that arises as a result of a ** or a specific certification sector with its unique position or technology on the field involved.
For example, on August 30, the "super online banking" was officially launched in the first four pilot cities of Beijing, Tianjin, Guangzhou and Shenzhen, and the first batch of 14 banks accepted the acceptance of the central bank, and third-party payment companies did not participate. On September 1, the "Measures for the Administration of Payment Services of Non-financial Institutions" promulgated by the central bank was officially implemented, setting a threshold for enterprises applying for payment licenses:
In addition to the "registered capital of 100 million yuan", the higher requirement comes from the proportion of "paid-in monetary capital" and "average daily balance" to be no less than 10%. The issuance of third-party payment licenses is also approaching.
The industry estimates that after the implementation of the management measures, more than half of the third-party payment companies may face the risk of bankruptcy due to failure to meet the access standards. According to the data disclosed when the central bank announced the registration and filing of third-party payment companies in April last year, there are more than 300 third-party payment companies in the country.
Therefore, once a super-monopoly exists, it is necessary to enact legislation to return it to the public interest, so as to avoid creating new unfairness and violating the market law of free competition.
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Economic monopoly is relative to administrative monopoly, it is an act of restricting competition carried out by business operators using their economic strength, and it is an endogenous and non-institutional monopoly of the market economy. There are three forms of economic monopolistic behavior: anti-competition agreements, abuse of dominant market position, and business combinations.
These monopolistic acts will have the effect of eliminating or restricting competition, or may have the effect of eliminating or restricting competition, and are therefore subject to the adjustment of the Anti-Monopoly Law. In the process of applying the "per se illegality" and "reasonableness" principles of the Anti-Monopoly Law to identify and deal with various economic monopolistic behaviors, the investigation by the anti-monopoly authority is an indispensable procedure.
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Economic monopoly is a relatively strong control or exclusive behavior that can be adopted by economic actors in the process of market competition.
Economic monopoly arises from the abuse of the advantage of economic power, and its abuser should be an operator, or a consortium of operators. Practice has shown that the advantage of economic power does not necessarily belong to a particular operator or consortium of operators. Rather, it can belong to either operator A or operator B.
In addition, it is a consortium composed of a number of business operators who do not have economic advantages. In other words, the superiority of economic power is not permanently exclusive. It is formed in competition.
The problem is that in order to maintain their own advantages, the possessors of economic superiority resort to non-grinding competition and do not allow others to compete with them. The fundamental characteristic of the abuse of economic advantage is the possibility of dominating the market with concentrated economic power or combined economic power, thus making others economic subordinate.
The restrictions on market access caused by economic monopoly are mainly manifested in the exclusive opportunity to enter the market. Once an economic monopoly emerges, the opportunity to enter the market is monopolized by a few individuals or a small number of business operators. Actors of economic monopolies not only do not share market access with others, but also do not share new market access with other operators.
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