Q: Do you think NDRC is posing heavier punishments on overseas companies than local ones?
A: We stick to fairness and justice when conducting investigations and applying punishments. The NDRC will punish a company only if it is manipulating the market and using its advantage in price setting. The punishments have nothing to do with the ownership of the company.
Q: There were some concerns that antitrust law enforcement did not follow the due process as companies did not have access to legal recourse, did not have any effective redressal mechanisms and suffered due to low transparency. What are your views on this?
A: The NDRC attaches great importance to further improvement and standardization of the anti-monopoly enforcement procedures. We have issued the "Anti-price monopoly law enforcement procedural regulations" and revised in 2013 a number of enforcement procedures related to regulations and documentation. Going forward, we will actively pursue more such measures.
During the course of antitrust enforcement, the NDRC has always ensured that the defendants can make statements, seek hearings and legal redressal. For example, in an auto parts price-fixing case, Sumitomo from Japan filed a written statement which was accepted by the NDRC. We reduced the fine from 342.72 million yuan ($55.28 million) to 290.4 million yuan.
For administrative penalties, the defendants can apply for administrative reconsideration or bring an administrative lawsuit. These rights are clearly explained in the administrative penalties issued to the parties.
Transparency and standardization in law enforcement is our prime focus. The Antitrust Law stipulates that the monopolistic behavior can be released to the public.
We have always believed that law enforcement itself is the best publicity, so we insist on releasing typical cases to the public through television, Internet, print media and our official website.
In the future, we will continue to improve the transparency of law enforcement, and also welcome supervision from society.
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