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Broken communication imbalances | telecoms orderly competition need to strengthen the rule of law thinking

(Reporter Cui Liangliang) Nearly a year ago, the operator performance compared to before has changed a lot, revenue and profit growth can approach or exceed double digits. However, we still have to soberly see that operators are far away from spring.


In recent years, the pace of anti-monopoly and anti-unfair competition legislation has been accelerated, and the regulation and law enforcement have frequently been heavily attacked. Especially with the promulgation of Opinions on Strengthening Anti-Monopoly and Promoting the Implementation of Fair Competition Policy this year, the National Anti-Monopoly Bureau has been officially launched, and fair and orderly competition has been raised to an unprecedented new height. As an important area of people’s livelihood, the communication industry has always been the focus of anti-monopoly comprehensive law enforcement. Wu Xia, a legal observer of the communications industry, believes that from a legal perspective, it is difficult for the three operators, as mainstream basic telecom service providers, to get rid of the fate of being branded as “dominant market position” and thus assume more compliance obligations based on their combined market shares. However, back to the reality of the telecom market, due to the industry attributes, economies of scale, policy support, technological monopoly and other factors, mobile has formed crushing absolute advantages from the 2G era to the 5G era, and gained more market shares than the sum of China Telecom and China Unicom. In some regions, the two companies’ market shares have even been squeezed below the 10% baseline, which is the antitrust target. In the current Party and country from the construction of a new development pattern, promote high-quality development of the strategic height to strengthen anti-monopoly, promote fair competition background, how to promote the communication industry to form a more healthy and orderly market environment has a more far-reaching practical significance.


High-quality development cannot be achieved without high-level innovation, and high-level innovation cannot be achieved without fair competition. Fair competition requires strengthening the rule of law. Wu Xia believes that promoting the healthy development of the telecommunications industry must adhere to the rule of law thinking and method.


Policy regulation level, actively encourage mixed ownership reform in recent years, to promote the co-construction and sharing, landing number portability policy implementation, still should continue to strengthen the fair competition under the rule of law, and pay more attention to regulation and promote development, build the construction of a fair competition environment, destroy competition within the industry behavior increase the intensity of law enforcement, Abuses of dominant market positions are prohibited, and abuses of an exclusive or exploitative nature that exclude and restrict competition are prevented. At the same time, pay more attention to the system coordination, guide the telecom operators to increase investment in network security, improve the network security management and technology security system, strengthen the whole life cycle of data security, the implementation of classification management, classification in data security risk assessment, improve personal data, important data security protection level, to provide strong support for transformation and upgrading of operators, We will promote a better combination of efficient markets and competent governments, build a high-standard market system, and facilitate the high-quality development of industries.


At the enterprise level, it has become widely accepted that 5G will accelerate the digital transformation of thousands of industries in the construction of a digital China and a smart society. Operators must be within the framework of the rule of law, by optimizing the allocation of resources, fully grasp their own resources endowment, find their own advantages and the swimmer, break through the traditional telecommunication industry ecological boundary, in a more open attitude, strengthen cooperation with upstream and downstream industry chain, to build large scale high quality development of new formats, innovating the mode of application service, to build high-level competitive landscape.


In addition, the “dominance” of the operator’s market behavior may be subject to the terms of the abuse of dominant market position regulation, enterprise need attention internal compliance system construction and effective operation, incorporate the content of antitrust compliance management system, and comb optimization management system and business process, in the industry chain cooperation, new business model to explore, product prices and marketing plan to launch, Accurately identify the red line of competition compliance, strengthen transformation and innovation on the track of rule of law, and achieve high-quality development in the new stage of development.