2014年12月6日，对外经济贸易大学竞争法中心主任、经济法系主任黄勇教授应邀出席首届“跨国企业投资论坛”。本届论坛由环球时报主办，包括中国与全球化智库主席、原国家外经贸部副部长龙永图在内的200余名嘉宾齐聚一堂，对话法治建设与在华投资问题。

黄勇教授担任论坛“深度对话”的主持人，与国家发改委价格监督检查与反垄断局局长许昆林，国家工商总局反垄断与反不正当竞争执法局局长任爱荣，商务部国际贸易经济合作研究院研究员白明，罗兰·贝格国际管理咨询公司高级合伙人刘文波，杜邦全球副总裁William S. Niebur共同探讨反垄断立法、执法问题，以及四中全会对外商投资环境的影响等前沿问题。

 

（图一：黄勇教授主持“深度对话”）

黄勇教授指出，深化改革和促进法治是一对不可分离的“双胞胎”。四中全会首次将依法治国作为全会的主题，《关于全面推进依法治国若干重大问题的决定》激活了宪法，从立法、执法、司法、守法和法律监督五个方面落实依法治国，有助于保障市场化改革的深入进行。此外，就国内的投资经商环境而言，我国的技术规则和法律规则应该适应国际标准，从而更符合市场经济的内在要求和规律。

 

（图二：黄勇教授发表演讲）

 

部分英文实录：

The market economy is by its very nature founded upon the rule of law, the sound understanding of which has China's policymakers ramping up efforts to prod all market participants to play by the rules. Foreign investors, just like local peers, are urged to play their part in China's push for the advancement of a law-based economy. Addressing concerns over whether foreign participants have been treated equally and fairly amid a storm of actions in recent years aimed at preventing unfair anti-competitive business activities, the Global Times hosted the first Multinational Companies Investment Forum. Held in Beijing on Saturday, the forum invited some key government officials and industry experts, serving as a platform for them to convey their thoughts on how much progress the country has made in forging a level playground for economic players of varying ownerships.

 

Huang Yong, professor in School of Law at the University of International Business and Economics

Deepening reforms and advancing the rule of law are conjoined twins who cannot be separated from each other. With the Fourth ­Plenary Session of the 18th Communist Party of China Central Committee [held in October 2014] which for the first time set the rule of law as a Party ­plenum's central theme, the deepening of reform that directs the economy toward being market-based will be guaranteed.

China needs to open up further with both technical rules and legal rules conforming with global standards and therefore staying in line with the principles of a market economy.

 

Long Yongtu, chairman of the Center for China and Globalization, a top think tank, and former vice minister of the Ministry of Foreign Trade and Economic Cooperation

Regardless of all the difficulties, the Chinese government has been determined to make the rule of law a cornerstone of China's overall commercial environment. Considerable efforts have been directed toward improving China's business and economic environment following the 18th National Congress of the Communist Party of China [held in November 2012], honoring a number of promises made by the country since its accession into the WTO.

[Talking about the treatment of foreign investment in China,] foreign investors have actually for years been offered favorable treatment, especially in tax treatment. Foreign companies operating in China should adapt to the new norm of playing by the rules.

Worries that China might change its reform and opening-up policy and doesn't need foreign investment are groundless, as foreign capital is expected to continue as a significant source of investment to drive the economy's growth and innovation.

China will never politicize the issue of foreign investment and ride the nationalist wave to take any revenge which would only create a vicious circle.

 

XuKunlin, head of Department of Price and director of Price Supervision and Inspection and Anti-Monopoly Bureau at the National Development and Reform Commission (NDRC)

It has been more than six years since the Anti-Monopoly Law entered into force on August 1, 2008. In the initial years, we had been mostly preparing for the law's enforcement, but in recent years a flurry of investigations have been launched.

The primary goal for strengthening law enforcement in battling against monopoly activities is to maintain fair competition and create a sound investment environment. 

Up until now, the NDRC and anti-monopoly law enforcement agencies at the provincial level across the country have opened price-fixing probes and made due punishment decisions involving 339 businesses and organizations. Between 2008 and 2012, 131 businesses and organizations were investigated, with only one case involving six overseas enterprises which came from South Korea and the island of Taiwan.

From 2013 to the present, the number of businesses and organizations that have been involved in price-fixing investigations has reached 208, among which there are 180 industry associations and Chinese-invested enterprises, one administrative agency, and 27 overseas enterprises.

The implementation of China's enforcement of the Anti-Monopoly Law proves that all market participants have been treated equally and there is no such thing as selective enforcement.

 

RenAirong, director of Anti-­Monopoly and Anti-Unfair Competition Enforcement Bureau at the State Administration for Industry and Commerce (SAIC)

Over the past six years since the Anti-Monopoly Law went into effect, industry and commerce administration authorities have opened probes into 43 anti-monopoly cases covering the areas that include public service, construction materials, tobacco, insurance and travel. Only two cases involve foreign-invested companies, [namely Switzerland-based food packaging firm Tetra Pak International SA and US software firm Microsoft Corp which were involved in antitrust probes launched by the SAIC.]

The concerned parties in the other 41 cases are all State-owned and Chinese-­invested enterprises, industry associations. As of now, 19 antitrust cases have come to an end and one case has been suspended.

In the case of law enforcement against illegitimate competition, the SAIC has toughened up the fight against various illegitimate competitive activities in both traditional and online markets. In the first three quarters, the country's industry and commerce administration authorities had issued fines totaling 580 million yuan ($94.29 million) for illegitimate competition in more than 20,000 cases.

 

 

报道链接：http://www.globaltimes.cn/content/895419.shtml

人民网：http://finance.people.com.cn/n/2014/1207/c1004-26163019.html

新华网转载：http://www.bj.xinhuanet.com/bjyw/2014-12/07/c_1113549594.htm

中国日报网转载：http://www.chinadaily.com.cn/hqcj/zgjj/2014-12-08/content_12853798.html

环球时报转载：http://www.globaltimes.cn/content/895835.shtml