On The Problem And Perfection Of The Standard For Centralized Declaration Of Operators In China

The standard of centralized declaration of operators is the key to start the procedure of centralized antitrust examination of operators,and is also the social concern.The centralized application standard of operator is applied and realized dynamically in the organic fusion of the legal numerical standard and the discretionary power,when the legal standard is insufficient for the actual case,the antitrust supervision department should initiate the investigation within the scope of discretionary power.However,with the development of economy,it is more and more difficult for the existing centralized declaration standards of operators to adapt to the requirements of the new normal economy represented by the Internet.On one hand,the quantitative declaration standard based on turnover ignores the influence of non-quantifiable factors such as economic characteristics,technological innovation and user concern on the position of market advantage,and can not effectively identify the potential competition risks in the Internet industry;on the other hand,the antitrust law enforcement agencies is lack of supervision and restraint mechanism in the application of discretionary power,law enforcement behavior can not respond to the question raised by the market mainbody.At the same time,due to impact of the economic scale,growth rate,government efficiency and other variables on declaration standards,defects of the "one-size-fits-all"-turnover declaration standards in traditional industries are: the lack of or no industry re-classification,the lack of dynamic adjustment mechanism and the low penalty amount,and so on.This article will start with analysis of "DiDi" and "fast" etc.Internet industry merger cases,as well as traditional industry data,draw lessons of the setting of centralized declaration standards from European Union,the United States and other countries or regions,to probe how to perfect the path construction of the standard of centralized declaration of operators,establishes a set of scientific distributary mechanism,and selects effectively the merger behavior which may restrictcompetition to the greatest extent.As far as specific solutions are concerned,first of all,in the field of the Internet,the non-quantifiable factors and their influence on the market forces should be included and attached importance to in the declaration standards,,and through the fomulation of a declaration guide for the Internet industry,combining the criterion of market share of "probability" with standarded turnover in order to meet the requirements of the declaration of special industries such as network economy,at the same time,we should strengthen the supervision and restriction of discretionary power of antitrust law enforcement agencies to prevent the abuse of power and slack administration;secondly,in the field of traditional industry,the industry turnover coefficient adjustment should be introduced into the declaration standard to establish the turnover dynamic adjustment mechanism to solve the dilemma of lack of industry re-classification.