A Case Study On Administrative Punishment Of Concentration Of Undeclared Operators In China

In the market economy,it is a common occurrence for operators to divide,divide and merge.Generally speaking,concentrations between undertakings belong to the scope of market self-regulation.However,when some concentration between undertakings may hinder the normal market and disrupt the fair market competition order,the state market supervision department needs to bring out the intervention.Therefore,in order to restrain the adverse effects of concentrations between undertakings,the Anti-monopoly Law of our country stipulates the declaration system of concentration of operators.Law enforcement agencies also impose administrative penalties on concentration of operators who should declare but fail to declare.In order to better protect the overall welfare of the public and the order of free competition in the market,and to better summarize the experience and shortcomings of the national market regulatory authorities in exercising the power of administrative penalty,this paper studies the centralized administrative penalty of operators who fail to declare according to law from the perspective of case studies.The case in this paper comes from the website of the Ministry of Commerce and the State Administration of Market Supervision.Thirty-three cases of administrative penalties for concentration of operators not declared in accordance with the law involve the characteristics of the areas and industries where the punished operators are located,the causes of punishment,the length of trial and the specific measures of punishment.Through the analysis of cases,the declaration standard of concentration of operators in China is too single,which does not reflect the regional differences of industrial and economic development in China;the single punishment measures and small punishment quota of law enforcement agencies lead to insufficient deterrence;and the incomplete information disclosure of law enforcement agencies can not play the guiding role of law enforcement.In view of the above problems,the author believes that in the centralized declaration system of operators,more flexible and reasonable declaration standards should be established;the suspension system should be shortened and the time limit should be reasonably stipulated;and the state market supervision department should fulfill the government's obligation of information disclosure according to law and further improve the legal system of information disclosure.