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最高法发布反垄断典型案例 认定首例滥用行政权力排除、限制竞争案件
Ren Min Ri Bao· 2025-09-10 22:04
最高人民法院10日发布5件反垄断典型案例,涉及滥用行政权力排除、限制竞争行为,固定商品价格及 分割销售市场的横向垄断行为以及行业协会组织本行业的经营者从事垄断行为等重要法律问题,涵盖交 通、建材、原料药、化工等民生行业。 "共享电单车"滥用行政权力排除、限制竞争案是最高法首例认定滥用行政权力排除、限制竞争的案件。 互联网租赁自行车服务提供商青某公司,以某行政审批局、某市大数据中心在该市违法设定并实施共享 电单车特许经营,构成滥用行政权力排除、限制竞争为由,提起行政诉讼,请求撤销被诉具体行政行 为。最高法二审认为,某行政审批局在该市共享电单车领域设定特许经营权,缺乏法律依据,超越职权 范围,且在案证据不足以证明撤销被诉行为会损害国家利益和社会公共利益,判决撤销被诉行政行为。 (文章来源:人民日报) ...
最高法发布人民法院反垄断典型案例
Qi Huo Ri Bao· 2025-09-10 16:09
Core Viewpoint - The Supreme People's Court of China has released five typical antitrust cases that address significant legal issues related to the abuse of administrative power, horizontal monopolistic behaviors, and the role of industry associations in monopolistic practices, impacting essential sectors such as transportation, building materials, raw pharmaceuticals, and chemicals [1] Group 1 - The cases directly affect the daily lives of citizens, influencing costs related to transportation, medication, and housing [1] - The court's actions aim to firmly curb monopolistic behaviors and provide compensation to affected businesses, thereby safeguarding market fairness and protecting the interests of the public [1] - The cases reflect an improvement in the court's adjudication standards, offering clear guidance for regulating market competition behaviors [1] Group 2 - The "Cement Association Horizontal Monopoly Agreement" case clarifies the recognition standards for monopolistic behaviors conducted by industry associations, delineating the boundaries of such associations' actions [1] - The "Formaldehyde Sales Market" horizontal monopoly agreement case establishes standards for identifying and implementing horizontal monopoly agreements, aiding courts in accurately recognizing such behaviors to maintain fair market competition [1]
中国最高法发布反垄断典型案例 涉“共享电单车”等
Zhong Guo Xin Wen Wang· 2025-09-10 08:31
Core Points - The Supreme People's Court of China released five typical antitrust cases, including the first case recognizing the abuse of administrative power to eliminate and restrict competition in the "shared electric bike" sector [1] - The court's decision aims to clarify the standards for recognizing the abuse of administrative power and to promote market access, enhancing market vitality [1] - The cases also cover horizontal monopoly behaviors such as fixed pricing and market division, affecting industries like construction materials, raw pharmaceuticals, and chemicals [1] Group 1 - The "shared electric bike" case involved a company in Hangzhou that challenged the illegal establishment of a franchise for shared electric bikes by local administrative bodies, leading to the annulment of the specific administrative actions [1] - The horizontal monopoly agreement case involving concrete companies established rules for estimating damages and calculating losses, easing the burden of proof for plaintiffs in such disputes [1] - The cases reflect the judicial review of local antitrust enforcement decisions, ensuring the legality and fairness of enforcement procedures [2]
涉及滥用行政权力等行为 最高法发反垄断典型案例
Zhong Guo Xin Wen Wang· 2025-09-10 07:58
Core Viewpoint - The Supreme People's Court of China released five typical antitrust cases during the Fair Competition Policy Promotion Week, highlighting the importance of judicial rulings in maintaining market fairness and protecting consumer interests [1][2]. Group 1: Antitrust Cases Overview - The five cases involve significant legal issues such as the abuse of administrative power to eliminate competition, price-fixing, market division, and monopolistic behaviors by industry associations, covering essential sectors like transportation, building materials, raw pharmaceuticals, and chemicals [1]. - The cases directly impact daily life, addressing concerns related to transportation costs, medication expenses, and housing costs, thereby reflecting the judiciary's commitment to safeguarding public interests and ensuring fair market competition [1]. Group 2: Legal Framework and Standards - The cases contribute to a refined regulatory framework, providing clear guidelines for identifying monopolistic behaviors, particularly in industry associations, and establishing boundaries for their operations [2]. - Specific rulings clarify the standards for recognizing horizontal monopoly agreements and the calculation of damages for victims, easing the burden of proof for plaintiffs in such disputes [2]. Group 3: Collaboration Between Judicial and Administrative Enforcement - The interaction between antitrust judicial rulings and administrative enforcement is emphasized, showcasing the judiciary's role in supervising and supporting administrative decisions to ensure legality and fairness in enforcement processes [2]. - Both judicial and administrative efforts aim to standardize market competition behaviors and promote the construction of a unified national market [2].
行政机关设定共享电单车特许经营权,最高法判了
Zhong Guo Xin Wen Wang· 2025-09-10 06:19
来源:中国新闻网 编辑:张嘉怡 一审法院判决驳回青某公司诉讼请求。青某公司不服,提起上诉。 最高人民法院二审认为,某行政审批局、某市大数据中心在该市共享电单车领域设定特许经营权,并将 之授予某市交某智慧城市开发有限公司,实际上是设定和授予共享电单车特许经营权,构成行政机关行 使行政权力限定交易,缺乏合法性和合理性,且具有排除、限制竞争效果,构成反垄断法所禁止的滥用 行政权力排除、限制竞争行为。 二审认为,鉴于某行政审批局在该市共享电单车领域设定特许经营权,缺乏法律依据,超越职权范围, 且在案证据不足以证明撤销被诉行为会损害国家利益和社会公共利益,被诉行政行为应予撤销。 故终审判决,撤销一审判决,改判撤销在某市共享电单车领域设定特许经营权并将之授予交某公司的行 政行为。 最高法表示,该案对明确滥用行政权力排除、限制竞争的认定标准,依法规制滥用行政权力排除、限制 竞争行为,推动真正放开市场准入,纵深推进全国统一大市场建设,增进市场活力具有积极意义。(完) 行政机关设定共享电单车特许经营权,最高法判了 中新网北京9月10日电(记者 高萌)9月10日,最高人民法院发布5件反垄断典型案例,其中包括最高法首 例认定滥用行 ...
Europe Slaps $3.5 Billion Fine On Google, Donald Trump Says Money Could Instead Go To American Investments and Jobs
Yahoo Finance· 2025-09-09 09:46
President Donald Trump in a social media post said, “Europe today ‘hit’ another great American company, Google, with a $3.5 Billion fine, effectively taking money that would otherwise go to American Investments and Jobs.” On Saturday, Trump said, “Please let this Statement serve to represent that Google has also paid, in the past, $13 Billion in false claims and charges for a total of $16.5 Billion. How crazy is that? The European Union must stop this practice against American Companies, IMMEDIATELY!” Tre ...
谷歌无需剥离Chrome浏览器丨合规周报
Regulatory Governance - Tencent responded to the lawsuit from miHoYo, stating that the request for QQ user data can only be fulfilled through formal judicial procedures due to privacy laws [2] - A new civil lawsuit between miHoYo and Tencent is set to be heard on September 5 in Shenzhen [2] Industry Trends - The express delivery industry is experiencing a price increase in key regions such as Guangdong and Zhejiang, driven by national "anti-involution" policies [3] - Analysts predict that the average price per delivery will rise, improving company profits and enhancing the income stability of delivery personnel [3] Legal Developments - A U.S. court ruled that Google does not need to divest Chrome but must open certain search data to competitors [4][5] - This ruling is part of a significant antitrust lawsuit initiated in 2020, which accuses Google of maintaining its market dominance through high entry barriers [5] AI Developments - Meituan launched its first open-source large model, LongCat-Flash-Chat, which features a mixed expert model architecture and boasts 560 billion parameters [6] - Antom, a brand under Ant Group, introduced an AI agent payment solution that enhances payment intent recognition and transaction traceability [8] - DeepSeek is reportedly developing advanced AI agent functionalities, aiming to compete with leading tech companies like OpenAI [8] - Apple is collaborating with Google to enhance Siri with an AI search tool, integrating a new system called "World Knowledge Answers" [8]
突然!特朗普怒了:将反制!
券商中国· 2025-09-06 08:55
Core Viewpoint - The article discusses the recent threats made by U.S. President Trump against the European Union (EU) in response to a significant fine imposed on Google for antitrust violations, highlighting the potential for trade investigations and retaliatory tariffs [2][4]. Summary by Sections Trump's Threats - On September 5, President Trump threatened to initiate a trade investigation against the EU, labeling their actions as "very unfair" and indicating that he would be forced to invoke the "Section 301" procedure to overturn the fines imposed on Google [2][4]. Google's Fine - The EU fined Google €2.95 billion (approximately ¥246 billion) for distorting competition in the advertising technology sector, claiming that Google favored its own services over competitors, harming other service providers and advertisers [2][8]. Market Reaction - Following Trump's announcement, Google's stock price surged by 1.16%, reaching $235 per share, with a total market capitalization of $2.84 trillion (around ¥20 trillion) [2]. Google's Response - Google announced plans to appeal the EU's decision, arguing that the ruling was incorrect and that compliance would negatively impact many EU businesses [10]. Historical Context - Google has faced multiple fines from the EU in recent years, including €2.42 billion in 2017 for manipulating shopping search results and €4.34 billion in 2018 for illegal restrictions related to its Android operating system [10].
特朗普怒了:极其不公平,将反制
新浪财经· 2025-09-06 08:49
Group 1 - The European Commission announced a fine of €2.95 billion (approximately ¥246.6 billion) against Google for abusing its dominant position in the advertising technology market, harming competition [2] - Google is accused of prioritizing its own services in the online advertising market, which damages the interests of competitors, advertisers, and online publishers, thus undermining fair competition [2] - Google is required to submit its solutions to the European Commission within 60 days, with the possibility of structural separation of its advertising technology business being considered [2] Group 2 - U.S. President Trump criticized the European Union's fine against Google, labeling it as "extremely unfair" and claiming it robs funds that could be used for investment and employment in the U.S. [4] - Trump warned that if Europe continues to impose similar measures on U.S. tech giants, he would be forced to initiate Section 301 procedures to overturn these "unfair penalties" [4] - The French National Commission on Informatics and Liberty (CNIL) fined Google €325 million (approximately ¥2.7 billion) for displaying ads to Gmail users without their consent [4]
特朗普要为谷歌“打抱不平”
Zhong Guo Xin Wen Wang· 2025-09-06 02:40
Group 1 - The European Union imposed a fine of €29.5 billion on Google for violating antitrust laws, citing the company's abuse of its dominant position in the advertising technology market [2] - Google has announced plans to appeal the EU's ruling regarding the fine [2] - U.S. President Trump threatened to impose additional tariffs on the EU if they continue to take similar actions against American tech giants, indicating a potential trade conflict [2] Group 2 - Trump expressed that his administration would not tolerate what he perceives as discriminatory actions against U.S. companies, emphasizing the need to protect American taxpayers [2] - Legal advice received by Trump suggested that Google did not commit any wrongdoing, reinforcing his stance against the EU's decision [2] - Trump warned that he may invoke Section 301 to overturn what he considers unfair penalties imposed by the EU [2]