MRLC Series of Lectures Phrase VI “The Practice and Reflection of Anti-monopoly Law Enforcement” was Held Successfully in Law School of RUC

2015.06.11 - 2015.06.11

On June 11st, 2015, China-Korea Market and Regulation Law Center (MRLC) series of lectures phrase VI “The Practice and Reflection of Anti-monopoly Law Enforcement” was held successfully in Room 104 of Mingde Business Building of Renmin University. Mr. Liu Jian who comes from NDRC Price Supervision and Inspection and Antitrust Bureau was invited as a guest speaker. This lecture was held by Associate Professor Meng Yanbei of Renmin Law School; Professor Wu Hanhong of Renmin Economics School was invited to be the commentator.

Mr. Liu Jian’s lecture is divided into four parts, which include theory, system, practice and thinking. He started his lecture from the discussion of the reason, contents, ways and the development of anti-monopoly. The legal system of market economy consists of the law of main market players, the law which needs to be obeyed after entering the market, and the law of smoothly exiting from the market. Among these laws, the second part is closely related to competition law, and the most direct and underlying legal objective of anti-monopoly law is to protect the market competition. Afterwards, Mr. Liu Jian analyzed the whole process of the cases combined with the typical enforcement cases, mainly from the main types of behaviors regulated by the monopoly agreements and abuses of dominant market position these two anti-monopoly laws. Moreover, he further clarified the law enforcement attitude of the law enforcement agencies in this type of cases. For example, as for horizontal monopoly agreement, law enforcement agencies encourage surrender, crack down and punish severely; as for vertical monopoly agreements, the law enforcement agencies concern about the large enterprises which have certain market forces, and they tend to give companies the right to adequate defense, as well as lay emphasis on analyzing the effect of illegal behaviors. Besides, as for cases involving abuse of market dominance, law enforcement agencies tend to focus on specific areas, pay attention to case studies, and advocate strict punishment. Finally, Mr. Liu Jian made an analysis of the problems and conflicts existing in the process of anti-monopoly enforcement. He believed that the natural choice of law enforcement agencies is to improve law enforcement environment, enforce the law fairly and impartially, strengthen law enforcement, improve the quality of law enforcement and reflect the spirit of the law.

Professor Wu Hanhong noted in his review that Mr. Liu Jian’s lecture has great enlightenment and practical significance. Mr. Liu understands and thinks of the anti-monopoly cases from the view of a law enforcement participant, and he concludes the enforcement thinking of anti-monopoly agreement as well as abuse of market dominant position, which also provides a new perspective beyond classroom theory for the students. Professor Wu also put forward some expectations for the students, and highlighted the role of economics in the anti-monopoly field once again. He believed that the economics provide an analytic perspective and tool of anti-monopoly, and serve the legal work in the anti-monopoly field. Therefore, the students especially those who majored in economic law and competition law should learn economics in a planned way.

In the end, Associate Professor Meng Yanbei made a brief summary of this lecture. She thanked these two teachers bring a wealth of theoretical and practical information for the students, and provide new contents and perspective for students’ further study and reflection.