竞争法与消费者权益保护刍议

我国竞争法主要分为反不正当竞争法和反垄断法两大类,它们承担着对消费者进行保护和对企业社会责任进行规制的双重任务。由于存在某些漏洞,今后还需对我国竞争法再作进一步的完善。     

竞争政策区域合作机制探析

Regional economic cooperation and multilateral cooperation of competition policies are regarded as two of the most important topics in international communities, both of which have a very close relationship, i.e., the former is an important path to the latter, and the latter is usually a critical topic of the former. Among the existing regional cooperation mechanism of competition policies are the three most typical modes, i.e., APEC’s open cooperation, NAFTA’s procedural law cooperation and EU’s substantive law cooperation. While taking initiatives to participate in multilateral cooperation of competition policies, China shall grasp the situation of current multilateral cooperation of competition policies, and follow the orderliness of its development, i.e., a step-by-step process of cooperation from nonbinding to binding, from domestic law to international law, and from fundamental to procedural law and to substantive law. Qi Tong, Ph.D, was once a visiting scholar in the Amsterdam Center of International Law (ACIL) (2006–2007). Now, he is an associate professor at the Department of International Economic Law of Wuhan University. His research interests focus on international trade law, international investment law, international financial law, international competition policy. His main publications include Regulatory constraint on transnational mergers & acquisitions (2006), Antitrust legislation on foreign M&A investments: Analysis on the antitrust rules in the Interim Provisions for Foreign Investors to Merge Domestic Enterprises (2004), Evolution of the pluralistic market regulation mechanism and its legislation (2005), On the positive comity of international antitrust cooperation (2005), International regulation mechanism and the new views of international economic law (2005), A legal perspective on the development of loan securitization in China (2006), A review on the case of Chinese measures affecting financial information services and foreign financial information supplier (2008).     

俄罗斯电力市场化改革解析

俄罗斯电力工业实力雄厚,但电价较低,电力生产与发展所需资金缺乏,发电设备陈旧老化。电力市场化改革的目标是打破垄断,引入竞争机制,通过电力市场配置电力资源。但实施过程波折颇多,在争议中缓慢前行。争议的焦点是担心电力民营化会造成国有资产流失,使国家电力安全受到威胁;放松管制会使电价大幅上涨,损害消费者利益,进而使整个经济系统瘫痪,社会动荡不安。     

论企业竞争优势的重塑

加入WTO的过渡期满以后,中国企业将面临更加激烈的竞争格局,理性认识新竞争格局下企业自身的市场地位,重新塑造竞争优势,是中国企业参与国际市场竞争的必修课。本文系统分析了中国企业正在弱化和丧失的竞争优势、仍然可资利用的竞争优势,明确提出要在自主创新、自主品牌等方面重塑企业竞争优势。     

竞争权研究

竞争权在市场经济条件下专属于商人,作为商人不可分离的初始权利属自然权利。现在,竞争权正处于从应然权利向实然权利的转换过程中。竞争权是经济权利的新类型。在市场经济条件下,它专属于商人。作为商人不可分离的初始权利,竞争权是一项自然权利。     

国外电信法律体制的改革及其对中国的启示

电信业传统上被认为是具有自然垄断性质的行业。为了既避免竞争破坏资源优化配置又保护消费者的利益,许多国家要么对提供服务的私有垄断者进行价格管制,要么对垄断服务企业实行国有化。垄断经营者的低效益和电信技术发展的突飞猛进使得对电信业改革的政治呼声不断提高。在我国电信业改革不断深入的今天,学习外国在互联互通、拨打平等性与号码可带性和频谱分配方面的电信管制改革的政策和实践具有重大的意义。     

公路工程招投标中不正当竞争行为的预防

本文通过对公路工程招投标中存在的不正当竞争行为及其危害性的阐述,分析在工程招投标中标底的不同确定方法对公平竞争的影响,进而提出对不正当竞争行为的预防措施.实行严格的资格预审制度和科学合理地确定评标标底,可以有效地预防投标中的不正当竞争行为.但对于事后的防范,必须建立科学的投诉质询处理机制,加强对招标投标活动的法制监督.     

Is electoral intraparty competition more intense in urban areas?

This article investigates whether intraparty competition at the election stage – measured by the distribution of preference votes over candidates running under the same party label – is more intense in urban areas. Earlier research on preferential-list PR systems shows that urban voters are less inclined to cast preference votes. Yet we do not know how these differences at the individual voter level translate to the degree of intraparty competition at the aggregate list level. We hypothesize that urban areas provide a more open electoral market and lead to lower levels of vote concentration on party lists. We leverage a novel dataset on preference voting in three Belgian elections by aggregating 461,049 preference vote scores for candidates-in-cantons to a dataset of intraparty competition scores for 3214 lists-in-cantons. The hierarchical models show that intra-party competition is impacted by the interactive effects of both the urban character of electoral competition and the presence of prominent office-holders. While rural contexts lead to greater vote concentration in presence of a larger number of office-holders, urban contexts often result in lower vote concentration. Our study provides novel insights into the contextual determinants of intraparty competition and personalization.     

Can wedge strategies by mainstream parties cross-cut the anti-immigration far right vote?

Anti-immigration campaigns have helped far right parties to establish themselves in party systems around the world. We examine whether mainstream parties can employ wedge issue campaigns that divide the far right anti-immigration vote to win back electoral support. Wedge issues that cross-cut the anti-immigration vote may enhance the electoral support of mainstream parties, as long as they do not simultaneously alienate pro-immigration voters. We evaluate this expectation using a panel survey experiment conducted during the 2021 German federal election. The first wave allows us to identify wedge issues that the mainstream CDU/CSU can stress to cross-cut the anti-immigration vote. The second wave raises the salience of these issues by manipulating the perceived issue agenda of the CDU/CSU using hypothetical campaign posters. While our results show that wedge issue strategies are not effective on average, exploratory analyses reveal the potential of strategically targeted messaging in winning back support of some anti-immigration voters.     

Competition and cooperation in artificial intelligence standard setting: Explaining emergent patterns

Efforts to set standards for artificial intelligence (AI) reveal striking patterns: technical experts hailing from geopolitical rivals, such as the United States and China, readily collaborate on technical AI standards within transnational standard-setting organizations, whereas governments are much less willing to collaborate on global ethical AI standards within international organizations. Whether competition or cooperation prevails can be explained by three variables: the actors that make up the membership of the standard-setting organization, the issues on which the organization's standard-setting efforts focus, and the “games” actors play when trying to set standards within a particular type of organization. A preliminary empirical analysis provides support for the contention that actors, issues, and games affect the prospects for cooperation on global AI standards. It matters because shared standards are vital for achieving truly global frameworks for the governance of AI. Such global frameworks, in turn, lower transaction costs and the probability that the world will witness the emergence of AI systems that threaten human rights and fundamental freedoms.