9月3号，代表200多家在华美商的“美中贸易全国委员会”(US-China Business Council) 发表报告指出，中共当局最近频繁以“反垄断”为由，不按正当程序，对在华外企施加压力。
上个月，代表1800家欧洲在华企业的“中国欧盟商会”(European Union Chamber of Commerce in China)针对中共当局的反垄断调查发表声明说：“在未进行充分听证的前提下，有关部门通过带有恐吓性的行政手段迫使企业接受惩罚和治理，这类现象值得高度警惕。”
采访/易如 编辑/陈洁 后制/李勇
Foreign Companies Resist the CCP’s “Anti-Monopoly" Raids
Recently, the Chinese Communist Party (CCP) has used
Anti-Monopoly law to investigate a number of renowned
After silent tolerance of the CCP’s surprise raids, lengthy
investigation and heavy fines, those foreign companies
finally made some resistance.
Following European Union Chamber of Commerce in China,
US-China Business Council also made a statement that
questions legitimacy of the CCP’s “Anti-Monopoly” moves.
On Sep. 3, US-China Business Council (USCBC), a group
on behalf of over 200 US companies in China, issued a report.
The report said the CCP had been pressing foreign
companies in the name of “Anti-Monopoly" without
According to the report, the CCP’s anti-monopoly organ
had forced companies to admit their illegal acts.
However, the officers did not show evidence or give
companies any chance to defend themselves.
The companies were not even told why they
The report also quoted sources that the companies were
not given any chance to contact legal counselors
before surprise raids.
In the following negotiation that could possibly be very
lengthy, their lawyers were also left out of the discussion.
Wang Tiancheng, former lecturer in law at Peking
University:"The Council’s demands are definitely legitimate.
The CCP should follow the right procedures to make
They should provide necessary evidence as well as
considerate hearing programs.
These things are demanded by the rule of law."
At least 30 foreign companies were reportedly subjected to
the CCP’s so-called “Anti-Monopoly" investigation.
On July 28, four Microsoft offices in Beijing or Shanghai
were abruptly raided by the State Administration
for Industry and Commerce.
Shortly before that, the CCP also investigated Qualcomm,
the biggest maker of smart phone chips,
on anti-monopoly charges.
The CCP claimed Qualcomm had made unlawful profits
by abusing its leading role in the market.
On Aug. 4, Mercedes-Benz’s agency in Shanghai was also
raided by anti-monopoly officers.
Chrysler and Audi were alleged by the CCP to violate
FAW’s Audi was preliminarily demanded a fine of
1.8 billion Yuan ($293M).
This would be the largest ever anti-monopoly fine
in China if it becomes true.
On Aug. 20, the CCP’s National Development and Reform
Commission (NDRC) also announced that 12 Japanese
makers of auto parts would be fined 1.24 billion Yuan ($200M).
John Frisbie, USCBC president, said the CCP needs to
improve its “due process, transparency and the
methodology for determining remedies and fines."
Last month, European Union Chamber of Commerce in China
also made a statement on the CCP’s Anti-Monopoly raids,
on behalf of 1800 European companies in China.
The statement said “numerous alarming anecdotal accounts
from a number of sectors that administrative intimidation
tactics are being used to impel companies to accept
punishments and remedies without full hearings."
The statement said “practices such as informing companies
not to challenge the investigations, bring lawyers to
hearings or involve their respective governments or
chambers of commerce are contrary to best practices."
Zhang Jian, scholar of China social affairs:"After giving
preferential treatment, the CCP’s local governments finally
revealed their ferocious faces.
They are crushing foreign companies like pigs that are well
fed for New Year’s feast.
When doing that, they acted like mafias, ignoring law
and the principles of anti-monopoly law which are fairness,
openness and justice."
Reuters reported on Aug. 21 that Xu Xinyu, an NDRC officer,
intimidated about 30 foreign companies like General
Electric and Siemens to admit their monopoly acts
in a recent meeting.
He also warned them not to resist by hiring lawyers.
A source at the meeting said, Xu told those companies
“I will double fine if anyone attempts to resist."
New York Times commented that, unlike their Chinese
competitors, most foreign companies do not have any
political background in China.
Therefore they usually stay silent even under
Wang Tiancheng:"You may be punished or even retaliated
against if making any protests.
That’s why those companies submit to humiliation.
But after all foreign companies have native countries.
Organizations from their own countries can speak publicly
Zhang Jian said it is all the CCP’s state-owned companies
that should be subject to anti-monopoly investigation.
After being raided by the CCP, those foreign companies
may unite to appeal to international courts against
the CCP’s unfair treatment and violation of due procedure.
Interview/YiRu Edit/ChenJie Post-Production/LiYong