Source: Hong Kong 01

01 Review Editor Room

On January 4 this year, Hong Kong 01, as one of the earliest reports of the media, pointed out internal notice from Central Plains, Lijiage, the United States and Hong Kong Real Estate.Or for the above, otherwise the director's approval is required.

On January 6, the Competition Affairs Committee issued a press release to explain to the incident to evaluate whether the relevant behavior would cause anti -competition issues, and mentioned that the "First Act Code" of the Competition Regulations prohibited the establishment of an obstacle, restricting or distorted competition for competition.arrange.

Immediately after the competition committee, the Real Estate Agency and Supervision Bureau sent a letter to the industry, reminding them to decide their own commission or negotiate with customers individually, rather than adopting the "inertia" or "one" commission rate.

Although the Central Plains and Lijia Pavilion, the United States and Hong Kong Real Estate canceled the commission regulations in February and March, the investigation of the competition committee was not over, and evidence has obtained evidence that the two parties have negotiated commission arrangements.The competition committee eventually entered the competition trial office on Tuesday (November 14), requesting that the announcement of the pricing of the arrangement of serious anti -competitive behaviors, and / or exchanging sensitive information affecting competition, violating the "" "The first behavior conservation "also required a fine to impose fines and the eligibility of five directors.

After the media reported the incident at the beginning of the year, some scholars said that the minimum commission did not represent a commission and may not constitute a conspiracy pricing; some people believe that real estate agents may decide their own decisions due to the market conditions, and may not be negotiated.

There is no doubt that it is not easy for market competitors to prove that it is not easy to prove that market competitors have been conspiring.Taking the case announced by the Antarctic Committee as an example, the two senior executives of the United States met with Mr. Zhong Group K at the 25th anniversary ceremony of the Real Estate Agency Supervision Bureau on October 7 last year.From October 13th to December 15th, private places such as Hong Kong Yacht Club and Hong Kong Bank Clubs have been interviewed five times.

The right to survey the policies is the focus of the second investigation

Under the policy of leniency, the Central Plains through comprehensive cooperation in exchange for the competition committees not to launch any legal actions, and the investigation has received major assistance, and can be filed for 11 months.

There is a voice in the field that the Central Plains, as a competitor of the United Plains, uses a wide -term policy to fight against opponents.However, as the competition committee emphasized that the policy does help investigation and law enforcement, and it has a deterrent, which makes the business entity or individual that is interested in conspiracy.From this perspective, the competition committee and the treated policies are reasonable.

In fact, in a case of information technology as early as January 2020, the Competition Commission has for the first time to obtain information from a bidder through a wide -waiting policy and make in -depth.In September last year, the application of the policies for a wide trend was also strengthened.

However, it is still necessary to point out that the practice of reporting and exemption from legal actions should always be behind.Imagine that if the competition committee is not sure of the evidence of the conspirators' negotiation, the conspirators will naturally have no fear, and even consider using a wide -term policy to combat their opponents.On the contrary, if the competition committee can grasp evidence and does not need to rely on the reporter's report, it is enough to make legal actions to all the cases.

Article 41 of the Radio Regulations stipulates that the competition committees must be forced to obtain documents and materials in the case of reasonable suspicion of involving anti -competitive behaviors.This time as an example, the competition committee has paid attention to the commission arrangement of "unreasonable" in early January, and learned from the real estate agent from January to February, but it was also improved until March to exercise the power of mandatory investigation.

In the past, the competition committee had studied for market research on vehicle fuel prices, but it was impossible to obtain information from oil companies to provide information, and it was difficult to understand the market and cost structure.Whether it is former chairman Hu Hongyu, or the current chairman Chen Jiayin, he once expressed his hope that the government will give greater power to collect market information.

The competition committee deserves affirming that the government must be more authorized

Furthermore, since the competition regulations took effect in 2015, the 2017 Athletic Committee has entered the trial office for the first time, and the competition committee has launched 15 lawsuits, most of which are involved in conspiracy pricing, siege, exchanging sensitive information, etc.The "first behavior conservation" is only a small part of the "second behavior conservation" for a few large enterprises to abuse market power, and the "Code of Consolidation" has never been used.At present, it is only suitable for the "Code of Consolidation" in the telecommunications industry. The purpose is to prohibit the merger of enterprises from significantly weakening market competition, including we have always requested the scope of application.

Although restricted by the competition regulations, the competition committee's efforts to fight against competition are more worthy of recognition.In addition to more than a dozen admission offices, from time to time, they also took the initiative to investigate the industry, including follow -up of FoodPanda and Deliveroo households this year to send the requirements for cooperative restaurants, and obtained the consent of the two platforms to modify the terms, Cathay and Malaysia Airlines.The shared flight business cooperation agreement established last year also gave up the implementation after the competition committee launched an investigation.

But to promote economic efficiency and encourage innovation more effectively, and promote enterprises to provide good prices with good prices. The government must give greater support in the law.Strengthening regulation will not only damage the business environment, but can make Hong Kong a city that is more suitable for entrepreneurship and business.