International Legal Perspective | Anti-monopoly Compliance Points of Information Exchange between Chinese Enterprises in China and the EU
Published:
2024-07-17
For Chinese enterprises, how to avoid violating the anti-monopoly law while ensuring the smooth progress of business cooperation is an urgent problem to be solved. Based on the basic principles of anti-monopoly regulation, this paper analyzes the anti-monopoly risks in information exchange, and provides countermeasures and suggestions for Chinese enterprises.
Driven by globalization and digitalization, information exchange between enterprises has become an indispensable part of business activities. However, with the intensification of market competition and the continuous improvement of anti-monopoly law, information exchange behavior is also facing more and more strict anti-monopoly regulations. For Chinese enterprises, how to avoid violating the anti-monopoly law while ensuring the smooth progress of business cooperation has become an urgent problem to be solved. Based on the basic principles of anti-monopoly regulation, this paper will analyze the anti-monopoly risks in information exchange in depth, and provide countermeasures and suggestions for Chinese enterprises.
Definition and Purpose of 1. Antitrust Law
Anti-monopoly law, also known as anti-unfair competition law or competition law, aims to protect the order of market competition, prevent and stop monopoly behavior, and safeguard the interests of consumers and the public interest of society. Its core goal is to ensure that competition in the market is free, fair and sufficient to promote the healthy development of the economy and the maximization of social welfare.
The Relationship between 2. Information Exchange and Anti-monopoly Regulation
Information exchange, as a common behavior in commercial cooperation, does not necessarily constitute a monopoly in itself. However, when the exchange of information involves sensitive information (such as price, production, market share, etc.) and may lead to tacit agreement or collusion between operators, it may violate the anti-monopoly law. Especially when information exchange becomes the prelude or auxiliary means of horizontal monopoly agreement, its anti-monopoly risk is more prominent.
Antitrust Risks and Compliance Recommendations in 3. Information Exchange
1. Horizontal monopoly agreements
2. Vertical monopoly agreements
Abuse of market dominance
4. Concentration of operators
Anti-monopoly Compliance Points of 4. Chinese Enterprises to Sea EU Information Exchange
The EU's anti-monopoly laws and regulations are mainly embodied in the EC Merger Control Regulation (the EC Merger Control Regulation) and the Treaty on the Functioning of the European Union (TFEU). The European Commission's Guidelines on Horizontal Monopoly Agreements between Competitors (European Commission Guidance on Horizontal Agreements between Competitors) stipulate the information exchange behavior between the subjects of M & A transactions, and believe that competitors need to pay special attention to the exchange of price information, production information and market competition strategy information, as well as the generation time, aggregation degree, openness and frequency of information. The EU does not explicitly restrict the exchange of historical information, but the mere act of exchange itself can give rise to antitrust regulatory risks (with much consideration given to the rationale for its creation and its impact on the state of market competition).
In the cooperation between Chinese enterprises and European enterprises, a series of principles and steps should be followed in order to achieve anti-monopoly compliance in information exchange.
5. Summary and Suggestions
As an important link in business cooperation, information exchange plays an important role in promoting enterprise development and market prosperity. Chinese enterprises need to strictly abide by anti-monopoly laws and regulations in the practice of domestic and overseas EU, so as to ensure the compliance of information exchange. Enterprises should join hands with professional lawyers to better identify and analyze the anti-monopoly risks in information exchange, formulate compliance strategies and response plans, maintain steady development in the fierce market competition and win the respect and trust of the market.
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