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As one of the core content of competition policy and antitrust close relationship between industrial policy , which together adjustment of national economic activity , regulation and healthy development of the market , particularly in enhancing national competitiveness , promoting economic development, dealing with government and market relations play a major role . Japan's rapid post-war economic recovery and prosperity depends largely on the relationship between industrial policy and competition policy process , the Japanese industrial policy and competition policy coordination between the conflict and impressive , both the policy content of the different political context , economic environment of the game, change all around Japan's " economic constitution " status of the Antimonopoly Act commenced , in essence reflects the shift in Japan's economic policy . In Japan, economic restructuring , development and expansion process , between industrial policy and competition policy has remained a kind of tension, conflict , and even antagonistic relationship , how to coordinate the relationship between the two in order to co- correcting " market failure " to promote cost-effective growth , Japan's industrial policy and competition policy, practice and practice is worth learning , their experience evolution on the comprehensive transformation of China's economic system has important significance.
作为竞争政策中心内容之一的反垄断法与产业政策之间的关系紧急，他们并肩调试国度商业、规制市场康健进展，尤其在提高国度竞争力、增进经济进展水准、处置政府与市场关系方面施展重大效用。
In 2008, China began to implement anti-monopoly law , but the international financial crisis , in order to avoid a crisis on China's economy severely affected , the national authorities to develop the appropriate measures for industrial adjustment , industrial policy and competition policy mix between the adequacy of the models , directly related to the efficiency of the implementation between the two , we should learn from the Japanese industrial policy and competition policy advantageous features , give full play to "the government 's hand" and the " hand of the market ," the complementary role of coordination in order to promote China's economic development .
2008年反垄断法着手实行，但同时际遇国际金融危机，为防止危机对经济导致严重影响，国度相关部门制定了相应的产业调试处理办法，产业政策和竞争政策之间的配搭标准样式是否妥当，直接关系着这两者之间的实行速率，我们应吸收东洋产业政策和竞争政策的优势特点标志.
First, Japan's industrial policy and competition policy basic experience .
( A ) the creation of policies whenever necessary .
From 1946 to the mid-1950s economic recovery in Japan after World War II led industrial policy and competition introduction period. Japan in 1945 formulated the " Antimonopoly Law" , but the law has not really been implemented. 1953 " Prohibition of Monopoly Law" amendment to relax the restrictions on cartels , developed a large number of cartels under certain conditions, as applicable antitrust laws except such as SMEs cartels, recession cartels . In the " development first" high beliefs and economic situation, the government has formulated a series of policies and regulations for specific industries and rapid development of the industry to provide a legal guarantee , making the Japanese government intervention in the economy legalize rationalized. Japan's " economic catch-up strategy " makes competition policy is increasingly in a secondary position , the rationalization of the industrial structure to promote the economic policies pursued by Japan's core objectives .
20 the latter half of the 1950s to the early 1970s, Japan's rapid economic development during the expansion of industrial policy and competition policy weakening period. During this period, Japan's proposed "industrial nation" policy objectives , the government strengthened the social intervention in the economy , further tend to weaken competition policy , industrial policy gradually expanded position in a strong , clear implementation of the industrial policy, competition policy to serve the basic principles . " Japan's rapid economic growth period between industrial and competition policy, competition policy is the core of obedience industrial policy , antitrust obey the concentration of production ." [ 1 ] Japan cartel high, the majority concentrated in the export cartel and SMEs organizations cartel in the 1960s the total number remained at 200 or so, while Japan has introduced a new anti-monopoly laws and regulations applicable exception , such as " fiber industrial equipment provisional measures " and other cartel of industrial policy to allow implementation of temporary laws. Japanese companies in the late 1960s surge in merger cases , there have been many influences the implementation of large-scale merger antitrust cases , such as the 1963 merger of Mitsubishi Heavy Industries, three , and in 1970 Yahata Steel , Fuji Steel merged to form Nippon Steel Japan peaked rapidly expanding business combination . In the 1960s, the Japanese government under the new economic conditions dominate the country's new industrial system, and establish a new industrial order . The policy to promote corporate mergers and industrial restructuring , industrial policy focus to enhance international competitiveness , and promote the adjustment of industrial expansion and investment in high-class industrial structure , optimization .
The 1970s to the early 2000s for the Japanese industrial policy gradually limited, weak and competition policy is increasingly strengthening period. MITI 1970 passed a series of laws such as the 1973 "oil supply and demand Adjustment Act ," 1979 "specific mechanical information industry revitalization Temporary Measures Act ." 1977 to strengthen Japan's Antimonopoly modifications and restore the structure of monopoly regulation, severely limiting competition for monopoly behavior may order the transfer of part of the business , increasing the levy imposed gold cartel provisions. Policy Act of 1980 continued into Japanese industry competition and prevent monopoly provisions in 1984 to develop the " Telecommunications Act " to introduce competition into the telecommunications sector , allowing new companies to enter the telecommunications industry . 1991 Japan's Antimonopoly the related modifications of the method of calculating the amount levied gold and implementation period adjustment , increase penalties for illegal cartels , antitrust criminal penalties in 1992 were modified , the implementation of two free throws made , At the same time a substantial increase in fines for criminal enterprise . 1997 "on the finishing prohibit private monopolies and ensure fair trading law applies except System Act ," the law will be 28 or 47 kinds of cartels repealed or reduced the 20 laws, 35 kinds of cartels [ 2 ] . 1999 to develop " Antitrust Exemptions finishing system laws ," except for repeal and narrowing the scope of the cartel . 2000 as amended antitrust lawsuit ban private parties and provide a legal basis for legitimate channels . 2005 Japan's Antimonopoly Law amendment is passed , the amendment modifies the collection of levy fund system , the introduction of leniency in criminal investigations and enforcement measures of the system , and modify the hearing process [ 3 ] . On January 4, 2006 The second amendment came into effect enhances the Fair Trade Commission crackdown on hardcore cartels , the implementation of antitrust capacity significantly increased .
( Two ) the differences and integration policy practice .
In the half century after World War II , Japan and the pursuit of promoting reconstruction cartel competition in the market economy factional fighting has not stopped, the result of the conflict does not appear winner. Antitrust law and industrial policy are now in the Japanese market is the core of the economy , in international trade , technological research and innovation , education and small and medium enterprises , industrial policy on competition policy will continue to play a complementary role, but industrial policy nor limit the development of fair and free competition , they jointly promote the economic development and economic efficiency [4] (P131). From the Japanese point of view the implementation process of antitrust law , the Fair Trade Commission and the industrial policy MITI main implementation agency exists in a tension between long relationship, but , after decades of running and raise the level of economic development in Japan now been reached between a partnership [ 5 ] . "The Japanese Fair Trade Commission and the industry competent authorities jointly issued for public service guidelines , as well as through the implementation of a series of strengthening competition and deregulation measures , established between industrial policy and antitrust law and common among management , mutual cooperation and the organic integration of its relationship with the industry, authorities and between antitrust authorities to minimize as much as possible incongruity . "[ 6 ] After the Japanese Antimonopoly constantly revised and improved , and gradually established in the public service sector deal with anti-monopoly law enforcement agencies restricting competition authority and priority. Japanese Antimonopoly Act to develop its industrial policy and competition policy provides an important conflict coordination paths.
Japan has taken a different period of development temper justice disparate industrial policy and competition policy, which mainly reflects the Japanese government at different stages of economic development on industrial policy, competition policy, to varying degrees of attention , improve efficiency of resource allocation , promote economic development efficiency , to enhance the international competitiveness of Japan's competition policy and other goals and industrial policies primary consideration .
Japan's industrial policy and competition policy to its economic development has had a tremendous impact. In Japan, the different stages of economic development , and its industrial policy and competition policy in the legislative focus is different : In the initial stage of economic development , national emphasis on industrial policy , and encouraging large-scale enterprises , promote industrial optimization and upgrading of industrial policy law development of antitrust weakening as a precondition. In mature economies with high economic development period, Japan's focus on industrial policy coordination law and competition law , more emphasis on the role of optimizing resource allocation antitrust , antitrust law often takes precedence over industrial policy . In a recession , timely promulgation of temporary industrial policy measures to resolve the crisis laid the economic foundation , highlighting the status of industrial policy and the role of law . 21st Century importance of competition policy gradually been recognized by the Japanese government and the private sector , industrial policy law regulations made by increasingly "fade ." In the " principles of liberty , with the exception regulation " under the guidance of economic principles , and gradually expand the field of application of antitrust law , and strengthen competition policy regulation function , and vigorously promote the operation of the market mechanism , and ultimately the economy as a whole operating mechanism from industrial policy " led" to the Competition policy, " self-discipline " excessive , competition policy has become more sophisticated , highly strengthened. Despite Japan's industrial policy and competition policy exists between conflict, but these conflicts are not conclusive , should not be overlooked is the close link between the two and mutual integration.
Second, Japan's industrial policy and competition policy differences and Causes.
( A ) the differences between policies .
Overall, Japan's industrial policy and competition policy exists between the apparent contradictions and conflicts . Both adjustment means there is a huge difference .
Implementation of industrial policy is to exercise the right of national macro-control performance , the adjustment means diversity , often using indirect induction, direct regulation , administrative guidance , market access , information dissemination and other means , the specific use of fiscal , financial , tax, foreign exchange, subsidies and other policy measures to support and release encouraged, permitted , restrict, prohibit, control , advise other management tools, the adjustment means having a comprehensive macro . And competition policy have often taken a single legal regulation methods, the use of fair market competition mechanism and the price mechanism , based on the competition law of the market in acts of unfair competition and restriction of competition to regulate its methods of control with micro-regulation and specifically targeted . The two different mechanisms of action . Industrial policy adjustment method is mainly government and corporate behavior relations, government power is much greater than businesses and individuals , government intervention in the economy any tendency is often difficult to self-restraint , the pursuit of profitable business for their own self-interest often opt to vote or to bribe government officials in order to get government support and tender care , can be bound by the rule of law through the industrial policy of business and government behavior , in particular the limitation of government power in industrial policy within the scope of the law , not abused. Major companies such as competition law to adjust behavior of market players and market presence of the " intrigues ", " predatory " , as well as other acts of monopoly or restrict competition are the main pursuit of market dominance due to non-arm , a clear violation of the rules of competition law and should be achieve market regulation "effective competition ." Discrepancies between the two values . "Industrial policy emphasizes a government-led , through the development of policies to intervene in the market economy , market-driven emphasis on antitrust law , by prohibiting the restriction of competition to maintain market competition ." [ 7 ] for the award of an industrial policy the main basis for the finding of competition policy and the main basis for the formation of its final judgment of the results are totally different . Competition policy pursued by the core value-oriented consumer welfare as a whole to enhance fair competition order and social stability ; industrial policy pursued by the core value-oriented policies favoring mainly through support for vulnerable sectors or specific companies to be funded to enhance the international competitiveness force to achieve market discrimination .
( Two ) reasons for the differences between policies .
Japan's industrial policy and competition policy based on different theories lead to the difference between the two [ 6 ] . Industrial policy and competition policy are state intervention in the market economy , the impact of resource allocation coercion , but both the theoretical basis and according to the different . Industrial policy is mainly based on the theory of market mechanisms inherent flaws inherent nature of economic newcomer countries "advantage ", and compared with the theoretical basis of competition policy effectiveness of market mechanisms and market failures exist . Industrial policy as an institution , the general system of free competition are different, it is a non-market methods of economic regulation , its formulation and execution is always by the government intervention or instruction production, trade, consumption, market industrial structure to complete, The fundamental aim of achieving economic catch-up and make up vacancies in the market . Industrial policy adjustment is industry as a whole , a state -level macro-control policies , which focus on specific industries, its business by supporting an industry or to enhance their competitiveness. Competition policy is free to choose the main market allocation of resources to achieve the best results for the institutional arrangements , it is the conditions of competition in the market -led completion. Competition policy adjustments are microscopic competition between market players , are micro-market policy level , in order to maintain and promote their free and equal competition as the focus , focus on market structure or to regulate corporate behavior and adjustment , repair the inadequacy of market mechanisms ensure that the market mechanism and improve the allocation of resources to the basic role . In addition, industrial policy implications , nature , legal status, characteristics , basic principles, content and competition policy system is markedly different from the vast majority of these fundamental differences also contributed to the conceptual content of industrial policy and competition policy, there are significant differences of the important reasons . There are domestic and international economic environment and pattern of development also contributed to industrial policy and competition policy difference exists between the important reasons . Complicated international economic situation is to create a law of the jungle , survival of the fittest environment of the times , people are promoting the " rise of the Renaissance" historical complex is nurturing a competitive mentality and culture, a catch , of thought and practice across is quietly wind, competitive international environment is non-competitive impact on the traditional introverted and cultural traditions. Discomfort reflection on industrial policy and competition policy demands advanced phase blend brewing expectations for the future , and the lack of industrial policy and competition policy rules irrational demands would cause dissatisfaction with the status quo and the impact of policy mechanisms . Industrial policy and competition policy conflict and fusion approach reflects the industry and competition policy-making departments and regulatory authorities failed to locate a reasonable cost- sharing mechanisms , the lack of scientific and reasonable co-ordination , leading to cost-benefit sharing mechanisms break boundaries and competition caused by industrial policy policy of violent conflict , the game .
Third, the Japanese industrial policy and competition policy co-ordination and Implications for China .
( A ) the need for policy coordination .
As competition policy and industrial policy to their specific function differently , industrial policy and competition policy, there are significant differences between the two , will inevitably lead to a conflict between the two . Therefore , limited competition policy, competition should continue to modify the legal system itself , improve and enrich both need industrial policy, industrial policy coordinated with law . Economic development is inseparable from the Japanese market as the leading market competition policy and industrial policy mechanisms oriented industrial control mechanisms together , integrated and coordinated . Competition policy can not exist in isolation , although a sound legal framework for the market to competition launched to provide the conditions for fair competition , but the implementation of competition law alone may not be able to maximize its effectiveness . Implementation of competition policy in Japan can not be excluded under the Japanese government 's economic development needs while taking appropriate industrial policy , such as the industry or sector to give special vulnerable antitrust exemption , or for a specific region or companies to give financial subsidies .
Excessive competition in the field of basic non- competing industries or sectors more appropriate to adopt a flexible industrial policy , and even allows under certain conditions to encourage mergers or special enterprises to focus in order to form a rational industrial structure . As for the natural monopoly industries and highly monopolistic sector , industrial policy should be introduced to adjust the law to eliminate the barriers to market entry or exit , and enhance market competitiveness.
Industrial policy and competition policy are national economic development , in exercising their basic means of national economic management , or shift between them are not either-or relationship , but the relationship is not who instead of whom , although both exist between many differences, but between industrial policy and competition policy are mutually supportive , interdependent and mutually reinforcing relationship, or even can be said to be " Shiyibuque " relationship [ 8 ] . In the process of implementation of industrial policy will inevitably be the case of violation of competition policy and industrial policy can not be replaced instead of competition law competition policy or industrial policy law a simple way , but should seek to achieve a balance between the two between these two coordination and integration.
( Two ) policy coordination reference to China .
First , industrial policy and competition policy coordination must follow the basic economic law concepts and orientation. Japan, in 1947 promulgated the " Antimonopoly Law" broke the prewar authoritarian control and limit competition regime , and its sound market mechanism as the successful implementation of industrial policy in Japan then played a very important role in the foundation . Industrial policy and competition policy are in the market mechanism as the basic direction for policy priorities must follow economic development or economic development phases in the concept. Industrial policy and competition policy, the implementation of the contents and priority areas of social and economic development , with the scene of ongoing adjustments by the state , rather than an absolute arbitrary application of competition policy to prioritize or industrial policy as a precondition. It is necessary to take into account the different stages of economic development industrial policy and competition policy priority issues , while also considering the priority of taking care of both complementarity and avoid conflict between the legislation . China's industrial policy and competition policy implementation should follow certain basic principles , such as the principle of public interest , the principle of fairness and efficiency , rational principles , due to the different stages of economic development and needs of different industries can be the difference between competition policy and industrial policy to make timely a certain adjustments.
Second, industrial policy should be coordinated with competition policy legislation providing open space . Industrial policy and industrial policy can be used as part of the law antitrust and other competition policy Exemptions and Immunities of the way the system exists , except for circumstances applicable antitrust laws are designed to the specific content of the implementation of the national industrial policy specifies the path . Many countries have created industrial policy regimes typically are " law is not applicable ," except in the form of application and implementation of the anti- monopoly legislation to be reflected , competition law , in particular antitrust regime applicable except the creation of various anti- monopoly exemption for industrial policy and competition policy coordination provides a modest open legal space [ 9 ] . China's industrial policy objectives should also be implemented in the application of competition law among the legal provisions , except that this exemption system for the country in a timely manner substantially revised , interpreted and applied in its industrial policy goals left a lot of flexibility and convenience. Except for the system design and considerations , the interests of society as a whole should be heavy, except in addition to the applicable law to take appropriate range, the need to consider the applicable exception system and SME promotion system , intellectual property protection system , the price between the legal system and other systems cooperation and coordination in these laws should be revised and improved legislative convergence to leave a reasonable gap .
Finally, it should properly handle the competition authorities and industrial policy between regulatory authorities . In the natural monopoly industries and statutory monopoly industries should follow the applicable competition law " generally applicable , exceptions exempt" [ 10 ] , which generally take the competition authorities and the industrial monopoly regulatory authorities jointly exercise jurisdiction , it is necessary to maintain competition authorities authoritative , general , but also to ensure regulation of industry sector , special, but it does not preclude regulation of industry sector specific issues particular to enjoy exclusive jurisdiction , namely industry regulatory authority for special events industry the right to exclude competition regulatory actions law enforcement agencies for review. In the national competition authorities and the State Council regulation of industry to establish an inter-departmental communication, coordination and integration mechanisms are particularly necessary for the implementation of competition law authorities and industry regulatory jurisdiction configuration is industrial policy and competition policy, each game , changes in competition and the results reflected. MITI and the Japanese Fair Trade Commission both confrontation and collaboration model emphasizes a coordinated officials and the public , government -led, public self-discipline coordination mechanism through between different government authorities rational division of labor, mutual restraint to eliminate industrial policy law conflict with competition law , the model in line with our political system and the administration of the traditional division of labor , for our implementation of competition policy and industrial policy coordination mechanisms to provide a reasonable reference.
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