Competition Commission must work to win public recognition
競委會應盡快立威 爭取市民認同肯定
文章日期:2016年3月25日

雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】THE COMPETITION ORDINANCE came into effect yesterday and with this the Competition Commission came into full operation.

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昨日起,《競爭條例》全面生效,競爭事務委員會(下稱競委會)亦全面展開工作。

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This did not come about without many an obstacle. A report published by the Consumer Council in 1996 pointed out that, for Hong Kong to be a fair market with reasonable and undistorted economic conditions, it was necessary to have a competition policy and law. In the nineteen years that followed, not only did the developed economies in Europe and America introduce one after another competition laws, but many Asian countries and regions, including mainland China, Taiwan, Korea, and Japan, did the same. As for Hong Kong, ten years were spent just discussing whether a competition ordinance should be introduced, and though the ordinance was passed by the Legislative Council in 2012, it did not come into effect until yesterday, the excuse being that businesses required a period of adjustment. The slow introduction of the ordinance was due primarily to opposition and resistance from vested interest groups.

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競爭法生效,競委會運作,可謂得來不易。1996年消委會發表報告,提出本港需要制訂全面的公平競爭政策及相關法例,以維繫一個更公平合理和不被扭曲的市場。但是,19年之後,不要說歐美發達經濟體,鄰近亞洲國家地區,包括內地、台灣、韓國、日本等,早已實施類似競爭法,本港則是討論應否立法已經耗費10年,條例2012年獲立法會通過後,又以讓商界適應為由,到現在才生效。競爭法在港延宕時日,主要是既得利益者的反對與阻撓。

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To facilitate the passage of the ordinance, the authorities suggested that, of the four major issues calling for attention, only two be dealt with at the preliminary stage, ie price fixing and abuse of market dominance, while combined monopoly power and mergers and acquisitions would not be regulated until later. Evidently, Hong Kong is lagging behind other countries and regions in this respect. Oligopolies as well as mergers and acquisitions, though seemingly unrelated to people's daily lives and not subject to regulation for the time being, pose potential dangers that may hurt society in a way that is irreversible, and with effects even more far-reaching than the two anti-competitive practices now brought under regulation.

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由於要減少阻力,當年就競爭法四大規管範圍,建議先落實禁止合謀定價及濫用市場權勢兩項,其後才擴及規管濫用聯合壟斷力量及合併收購,與其他國家地區相比,明顯落後。寡頭壟斷和合併收購兩項表面上與一般市民生活無關,暫時不受規管,可能出現的潛在及無法逆轉損害,卻會造成更深遠影響。

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At present, the supermarket industry is basically controlled by two large groups, and consumers suffer as a result, but they can do nothing because their choices are limited. If the two groups become associated ventures or effect a merger, or if one acquires the other, the Competition Ordinance will remain powerless against them, and it will be even more difficult to protect consumers' rights. The authorities should therefore set a timetable for reviewing the issues of combined monopoly power and mergers and acquisitions in, say, two years, and for a complete review and revision of the Competition Ordinance in, say, five years, to make it more comprehensive and effective.

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目前,超市基本上由兩大集團控制,消費者深受其苦,由於選擇有限只能無可奈何,設若這兩大集團出現聯營收購或合併等,繼續不受競爭法規管,則市民的權益將更難以保障。因此,當局應該訂下時間表,例如兩年後檢討擴及規管濫用聯合壟斷力量及合併收購,5年後全面檢視和修訂《競爭條例》,使規管更全面和有效。

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As a new organisation, the Competition Commission should try to familiarise consumers with its role and functions as soon as possible, and encourage them to make complaints. In the early days of the Consumer Council, Hong Kong people were not quite aware of their rights as consumers, but now they are zealously safeguarding those rights. To gain as much public recognition as the Consumer Council, the Competition Commission must not simply wait for the public to awaken to their own interests, but should try to, through systematic education, give them a good idea of the Commission's role and functions, so that they may know how to protect themselves.

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競委會是新生事物,須盡快使消費者認識其角色和職能,並勇於舉報。消委會成立初期,市民缺乏舉報意識;現在不一樣了,消費者懂得據理力爭。競委會在市民心目中,要做到類如消委會的地位,除了市民自覺之外,應該系統地教育公衆,讓競委會的角色和職能深入人心,市民懂得據此來保障權益。

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Yesterday, an alliance of transport workers openly accused local petrol companies of suspected price fixing, and asked the Commission to investigate their operations and pricing processes to see if they violate the Competition Ordinance. This is an important case. If the Commission, with a clear target, makes a thorough investigation and gets sufficient evidence to take some big companies to court, it will be able to launch a remarkable legal battle. And if the companies are found to have violated the ordinance, the Commission will readily win public respect and recognition.

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昨日有運輸業團體公開質疑本港的燃油公司合謀定價,要求競委會調查它們的經營手法及油價訂定,是否違反競爭條例。這是大題目,若競委會看準目標,做了充分調查,掌握足夠證據,把一些大公司告上法庭,打一場漂亮的官司,若確定有關做法存在反競爭行為等,則競委會藉此立威,很快就會得到市民認同和肯定。

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明報社評2015.12.15

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Mr KWOK, Tony Chun-tung
Lecturer, HKCC
www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=111&lang=eng

郭熙琳
講師
www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=98&lang=chi

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