April 26, 2024

· Investigate the importance of market fairness for the acquisition of Uber

According to reports, the case has not been reported to the Ministry of Commerce before; after causing widespread concern in the society, there are also reporters reporting to the Ministry of Commerce that the parties to the transaction have not filed according to law. Traveling is just the need of people. The travel service provided by the network car obviously has the public service attribute. Once the merger of the industry giants forms a monopoly pattern, it may damage the public interest. The launch of the investigation into this merger reflects the high attention of the relevant departments to the public interest and market order.


According to the basic common sense of economics, price increases are one of the consequences of monopoly operations. A month after the acquisition of Uber, many users have reported that the car is more expensive. Consumers worry: the giants are big, lacking market competition, and the price increase in the future may only be reluctantly accepted. The majority of network car drivers worry that the next "pick up" will increase. In addition, the monopoly can also cause the monopolist to lose the power of innovation and the market loses its vitality. The excessive concentration of data resources such as personal information, travel habits, and geographic location on a data platform that may have a monopoly nature has also raised public concerns about public information and big data security.
It is reported that the laws and regulations on which the Ministry of Commerce investigated are based on the "Anti-Monopoly Law of the People's Republic of China", "Regulations of the State Council on the Standards for the Concentration of Business Operators", "Measures for the Centralized Declaration of Business Operators" and "Interim Measures for the Incentive Investigation and Handling of Unregistered Operators" 》. In terms of anti-monopoly investigations, China's current legal and regulatory framework is complete, and the details are specific. The in-depth investigation and handling of this case can completely be law-abiding.
Article 13 of the Interim Measures for the Centralized Investigation and Handling of Unregistered Operators According to Law provides that the Ministry of Commerce may impose a fine of less than RMB 500,000 on the investigation, if the investigation determines that the operator under investigation has not implemented the application according to law, and may order it. It takes measures to return to the state before the concentration. According to this, once the merger of Didi Uber is determined to be “concentrated without legal declaration”, it may be ordered to “demolition”. This has a strong deterrent to maintaining market order.
The Ministry of Commerce initiated an anti-monopoly investigation on the merger of Didi Uber, in line with international practice and WTO rules, and reflected the responsibility and responsibility of China in fulfilling its obligations and obligations. China has always welcomed foreign capital to participate in domestic market competition, but compliance with the law is a basic premise.
The Ministry of Commerce took the initiative to investigate the merger of Didi Uber according to law, and in the end, it is conducive to protecting fair competition in relevant markets and safeguarding consumer interests and social public interests.

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