Competition Policy under Economic Recessions: Historical Changes and Implications

Pinguang Ying

School of WTO Research and Education, Shanghai Institute of Foreign Trade, Shanghai, China.

DOI: 10.4236/me.2013.43A026                

Abstract

Before the current financial crisis, economic recessions in history were always accompanied by relaxation or abandon of competition policy. However, in the current financial crisis, although different jurisdictions have different practices, most jurisdictions have kept the bottom line of competition policy enforcement. Such historical transformation roots in deep reflections on historical failures and the popularization of competition policy as well as the strengthening of the competition authorities. Chinais one of the few countries still weakening competition policy enforcement during the current financial crisis. In fact, there are several mechanisms contained in competition laws and policies, such as the exemption of cartels, the defense of business concentrations and the coordination between competition authorities and sector regulators, which provide some space of flexible competition policy enforcement during economic recessions. Considering China’s short history of competition policy enforcement and consistent tradition of government intervention in economy, it is strongly advised to hold on the bottom line of competition policy and pay more attention to government-led anti-competitive conducts during economic recessions.

Keywords

Competition Policy; Economic Recessions; Flexible Enforcement; Coordination Mechanism

Conflicts of Interest

The authors declare no conflicts of interest.

References

[1]	D. Crane, “Antitrust Enforcement during National Crises: An Unhappy History,” 2008. http://www.globalcompetitionpolicy.org
[2]	M. Nuemann, “Competition Policy: History, Theory and Practice,” Peking University Press, Beijing, 2003, p. 31.
[3]	C. Shapiro, “Competition Policy in Distressed Industries,” In: Remarks as Prepared for Delivery to ABA Antitrust Symposium: Competition as Public Policy, 2009. http://www.justice.gov/atr/public/speeches/245857.pdf
[4]	J. M. Burns, J. W. Peltason and T. E. Cronin, “Government by People,” China Social Science Publishing House, Beijing, 1996, p. 121.
[5]	W. E. Leuchtenburg, “The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt,” Oxford University Press, Oxford, 1996.
[6]	Appalachian Coals v. US, 288 US 344, 1933.
[7]	D. J. Gerber, “Law and Competition in Twentieth Century Europe: Protecting Prometheus,” China Social Science Publishing House, Beijing, 2004, pp. 182-201.
[8]	M. Nuemann, “Competition Policy: History, Theory and Practice,” Peking University Press, Beijing, 2003, p. 52.
[9]	H. Toshifumi, “Japan’s Competition Policy and Competition Law,” Economic Law Forum, Vol. 10, No. 1, 2005, p. 52.
[10]	K. Yoshio, “Introduction to Economic Law,” China Legal Publishing House, Beijing, 2005, pp. 243-245.
[11]	Y. F. Sun, “Industrial Policy and Competition Policy in Economic Development—Analysis of Japan and Its References,” Weekly Market (Theoretical Research), No. 2, 2007.
[12]	J. Chen, “South Korea’s Economic Reforms after Asian Financial Crisis,” China Opening Herald, No. 4, 2003.
[13]	D. Balto, “Restoring Trust in Antitrust Enforcement,” 2009. http://www.americanprogress.org/issues/2009/05/antitrust_enforcement.html
[14]	L. C. Overton and R. C. Thomas, “Antitrust Enforcement in the Obama Administration,” 2009. http://www.jonesday.com/pubs/pubs_detail.aspx?pubID=S6176
[15]	Justice Department Withdraws Report on Antitrust Monopoly Law, 2009. http://www.usdoj.gov/atr/public/press_releases/2009/245710.htm
[16]	Y. X. Li, “Five Electronics Manufacturing Enterprises of Japan and South Korea Were Penalized Severely by the JFTC,” 2009. http://news.sohu.com/20091008/n267198496.shtml
[17]	Communication from the Commission, “Temporary Framework for State Aid Measures to Support Access to Finance in the Current Financial and Economic Crisis,” 2009. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52009XC0407(01):EN:NOT
[18]	Communication from the Commission, “Amendment of the Temporary Framework for State Aid Measures to Support Access to Finance in the Current Financial and Economic Crisis,” 2011. http://ec.europa.eu/competition/state_aid/legislation/atf_en.pdf
[19]	N. Kroes, “EU State Aid Rules—Part of the Solution,” 2008. http://ec.europa.eu/competition/speeches/index_2008.html
[20]	Id.
[21]	K. Ravichandran, “Effect of Financial Crisis over Mergers and Acquisitions in GCC Countries,” 2009. http://ssrn.com/abstract=1360249
[22]	Decision by Lord Mandelson, the Secretary of State for Business, Not to Refer to the Competition Commission the Merger between Lloyds TSB Group plc and HBOS plc under Section 45 of the Enterprise Act 2002, 2008. http://www.berr.gov.uk/files/file48745.pdf
[23]	Ministry of Industry and Information Technology, “Emergency Communications on Curbing the Over-Fast Increase of the Output of Iron and Steel Industry”, 2009. http://www.miit.gov.cn/n11293472/n11293832/n11293907/n11368223/12344536.html
[24]	The Shaanxi Provincial Government, “Implementing Guidelines on Speeding up the Merger and Reorganization of Coal Enterprises,” 2008. http://law.baidu.com/pages/chinalawinfo/1702/25/1be89722232eab41550137b35a5daf0e_0.html
[25]	J. Powell, “Did the New Deal Actually Prolong the Great Depression?” 2002. http://www.heartland.org/custom/semod_policybot/pdf/12789.pdf
[26]	H. L. Cole and L. E. Ohanian, “New Deal Policies and the Persistence of the Great Depression: A General Equilibrium Analysis,” Journal of Political Economy, Vol. 112, No. 4, 2004. doi:10.1086/421169
[27]	Id, fn. 8.
[28]	C. Varney, “Vigorous Antitrust Enforcement in this Challenging Era,” Remarks as Prepared for the Center for American Progress, 2009. http://www.usdoj.gov/atr/public/speeches/245711.htm
[29]	X. Q. Feng and J. Wang, “From Industrial Policy to Competition Policy: The Intervention Mode Transformation of East Asia Governments and Their Revelation to China,” Nankai Economic Studies, No. 5, 2005.
[30]	O. Solano, R. del Villar and R. Garcia-Verdu, “Challenges to the Effective Implementation of Competition Policy in Regulated Sectors: The Case of Telecommunications in Mexico,” Northwestern Journal of International Law & Business, Vol. 26, No. 3, 2006, pp. 527-546.
[31]	SINOLINK Securities, “Special Reports on the Top Ten Industrial Revitalization Plans,” 2009. http://www.p5w.net/stock/lzft/scyj/200902/P020090204523856325414.pdf
[32]	X. R. Zhang, “The Effectiveness of Industrial Policy under the Condition of Market Economy from the Experiences of America and Japan,” Rural Economy and Technology, No. 3, 2007.
[33]	Economists, “Recession to End in 2009,” CNN Money, 2009. http://money.cnn.com/2009/05/27/news/economy/NABE_recovery_outlook/index.htm
[34]	Y. S. Xiao, “The International Financial Crisis and the Implementation of the Anti-Monopoly Law in China: From the Perspective of the Relationship between Competition Policy and Industrial Policy & Trade Policy,” Journal of Shijiazhuang University of Economics, No. 4, 2009.
[35]	W. S. Lin, “Legal Analysis on the Conflict Coordination System of Competition Policy and Industrial Policy,” China Financial and Economic Publishing House, Beijing, 2005, p. 74.
[36]	M. Motta, “Competition Policy: Theory and Practice,” Shanghai University of Finance & Economics Press, Shanghai, 2006, p. 18.
[37]	M. Nuemann, “Competition Policy: History, Theory and Practice,” Peking University Press, Beijing, 2003, p. 128
[38]	R. A. Posner, “Antitrust Law,” China University of Political Science & Law Press, Beijing, 2003, pp. 155-159.
[39]	G. Y. Xu, “Competition Law Analysis on the Combination Behaviors of Enterprises,” Present Day Law Science, No. 1, 2006.
[40]	H. Ullrich, “The Evolution of European Competition Law: Whose Regulation, Which Competition?” Edward Elgar, Northampton, 2006.
[41]	Z. J. Zhang, “The Construction of the Relationship between the Anti-Monopoly Law and the Industry Supervision System: From the Perspective of Regulation on Anti-Competitive Behaviors in Natural Monopoly Industries,” Contemporary Law Review, No. 1, 2009.