Purpose: To clarify the theoretical and practical foundations of antimonopoly in the socialist oriented market economy. Assess the actual situation of antimonopoly in our country. Then propose basic solutions for antimonopoly in the socialist oriented market economy of our country in the coming time.
Trang 1Monopoly or market control is the dream of most businesses to survive and grow without facing competition. In fact, the formation
of monopolies in the market very easily leads to the situation that these enterprises will abuse that position to obtain high monopoly profits, negatively affecting the economy, society and consumers as well When having a monopoly position, enterprises entirely are possible to manipulate the market according to their market power.Recognizing the negative impacts of monopoly, the Party advocated to "narrow the fields that the State now has trading monopolies, eliminate monopoly", and "improve the mechanism, policy for the State enterprises to actually operate in a competitive, open, transparent environment, improve efficiency Eliminate monopoly and exclusive business and production of stateowned enterprises". However, monopoly situation still exists with many complicated happenings. Meanwhile, antimonopoly activitiy still reveals many limitations, yet high performance, discrimination between businesses still exists; action against unreasonable price fixing is ineffective, the phenomenon of rising prices, protecting the interests of the State have been violated and exploited to serve a group of people, people are not entitled to all the benefits that
Trang 2society has created, which has influenced significantly on the economic and social activity of our country Besides, with the market opening process through the signing and joining of bilateral and multilateral trade agreements, there have been multinational companies operating in Vietnam. With there economic strength, these companies have the ability to create a monopoly position to carry out their market power. The status of eliminating rivals to usurp the market, establish monopoly position will occur. In this context, Vietnam enterprises with limited potential are vulnerable,
or manipulated to become subsidiaries, satellite companies for such corporations The above raises the suspicion surrounding antimonopoly now in our country today
Under theoretical perspective, this is a complex issue, relevant to and affecting many areas so it has attracted the attention of social research in different perspectives, scopes and achieved certain performance The requirement is to further clarify theoretically and practically those above issues, from that, propose points of view and appropriate solutions in antimonopoly
to meet the requirements of building a stable and developed economy With this meaning, the author selected the topic:
"Antimonopoly in the socialist oriented market economy of our country today" as a doctoral thesis on economics.
3. Research purpose and tasks
* Purpose: To clarify the theoretical and practical foundations of
antimonopoly in the socialist oriented market economy. Assess the actual situation of antimonopoly in our country. Then propose basic solutions for antimonopoly in the socialist oriented market economy of our country in the coming time
* Task:
On the basis systemizing common problems of monopoly, enterprise monopoly, the thesis focuses on the construction of the central concepts and content of antimonopoly in the socialist oriented market economy. Survey experience of other countries in antimonopoly, and then draw some lessons for Vietnam
Trang 3 Propose fundamental perspectives and main solutions on antimonopoly in the socialist oriented market economy
4. Research object and scope
Research objects: The thesis does not study antimonopoly
in general but mainly focuses on the study of antimonopoly in the socialist oriented market economy
Research scope: Research space is identified as the
socialist oriented market economy in Vietnam; time of survey research is from 2005 to present; in terms of content: focus on the basic issues of antimonopoly in the socialist oriented market economy in Vietnam today
5. New contributions of the thesis
The thesis contributes to clarify the theoretical and practical issues of antimonopoly in the socialist oriented market economy, which focuses on building concepts and content of antimonopoly in the socialist oriented market economy
Assess the true state of antimonopoly, clarify the achievements and limitations, and point out the cause and the questions of antimonopoly in the socialist oriented market economy
of our country today
Propose some perspectives and basic solutions for antimonopoly in the socialist oriented market economy of our country today
6. Theoretical and practical meanings of the thesis
Contribute to supplement and enrich the theoretical and practical issues on antimonopoly in the socialist oriented market economy of our country today
The research results of the thesis are a theoretical, practical basis for all levels as reference to build a competitive environment for antimonopoly in the economy of our country today
The thesis can be used as reference in scientific research, teaching
Trang 4and Paul Seabright with the book "The activities of a monopoly firm in adjacent competitive markets: Economic consequences and implications for competition Policy ". The topic "Firms with market power: monopoly" of Ali Emami. Author Ferguson, Paul R with the book " Business economic: the application of economic theory ".
* The researches related to enterprise antimonopoly
X.Nicitin with the book "Antimonopoly policy in countries with developed market economy" Howard D. Marshall with the book "Business and Government: The problem of power"; or Stephen J.K. Walters, "Enterprise, Government, and the public"; Author Christopher: "Outline of the US Economy".
2 The domestic scientific researches on monopoly, enterprise antimonopoly
* The works mentioning about monopoly, enterprise monopoly The topic: "The impact of competition and monopoly in the economy of modern capitalism on building the market economy in Vietnam today" of the National Academy of Politics. Tran Van Hien with his thesis on economics "Theory of Lenin on the world market sharing among alliances of capitalism monopoly and new expression in the current period" Dr Bui Van Huyen:
Trang 5"Construction and development of economic corporations in Vietnam". The book: “Market structure theory and practice in Vietnam” by Nguyen Van Dan.
* The typical works related to enterprise antimonopoly
Bui Ha with the theme: "Monopoly and antimonopoly in the market economy", and "Forms and measures to encourage competition and control monopoly of the market economy”. Economic thesis: "Competition in the market economy in Vietnam" by Nguyen Quoc Dung The Central Institute of Economic Management Research with the book: "The legal and institutional issues of policy on competition and monopoly control". Dong Thi Ha: "Improvement of policy on competition and monopoly control in Vietnam in terms of international economic integration". Dinh Thi My Lan with the book
"Japanese antimonopoly law, implementation experience".
"Competition Policy of the European Union in the context of new development" by Dang Minh Duc. Author Dinh Thi My Loan:
"Control the economic focus international experience and practices in Vietnam". Author Bui Nguyen Anh Tuan with the book "Competition policy from the perspective of developing countries".
Dang Vu Huan: "The law on antimonopoly control and unfair competition in Vietnam". Le Anh Tuan with the book "Law
on against unfair competition in Vietnam". Articles in magazines such as: Nguyen Nhu Phat, "Monopoly and handling monopoly"; author Khanh An, "It is neccessary to tighter control monopolies"; Pham Van Chung, "State monopoly and enterprise monopoly"; Le Van Hung "There should be provisions for Stateowned enterprises in the implementation of competition law".
* The studies refer to aspects of antimonopoly
Nguyen Nhu Phat and Nguyen Ngoc Son in the book
"Analysis and interpretation of provisions on competition law on abuse of dominant position in the market, monopoly position to restrict competition" Doan Trung Kien with "Identification of
Trang 6abuse of dominant position, monopoly position under the current law in Vietnam" Tran Anh Tu with "Identification of administrative monopoly in business in Vietnam" Pham Hoai Huan in his book "Laws against abuse of dominant position, monopoly position to restrict price competition".
Articles by Dao Van Tu "Monopoly and issue of controlling monopoly prices in Vietnam". And "Control prices for monopoly goods and services in Vietnam today" by Le Viet Thanh. Tran Ming Dao with the article: "Price management in the market economy in Vietnam” Nguyen Huu Huyen with the article
"Identification of Cartels pursuant to the law on competition of developed countries".
3. General evaluation of the research results of published scientific works thesis and issues that the thesis should focus
on solving
It is possible to say that the foreign and domestic authors have had many studies and articles with various approach, extent, scope and purpose, more or less mentioned about monopoly and antimonopoly
However, because they are not the research subjects, the works and writings of domestic and foreign authors do not study in depth
in a systematic way antimonopoly in the socialist oriented market economy, but just mentioned, analysed the single aspects, sides, slice or a part of the research object i.e antimonopoly in the market economy
Meanwhile, there are not many scientific works refering directly
to antimonopoly or aspects in antimonopoly from the perspective of political economy, but they often study the opposition side of monopoly i.e competition, creating a competitive environment in the socialistoriented market economy. Many scientific works mention antimonopoly issues and antimonopoly aspects under jurisprudence perspective, interpretation of specific issues of legal science. So this
is the space for the fellow to do well in the thesis
Chapter 1
Trang 7EXPERIENCE OF SOME COUNTRIES
1.1. The general theoretical issues on monopoly, enterprise monopoly in the market economy
1.1.1. The concept of monopoly, enterprise monopoly
* Under the perspective of bourgeois economists
The economists of mercantilism are in favor of monopoly of national capitalist in international trade. Physiocracy condemned privileges and feudal monopoly; they do advocate that the State shall not intervent in the economy. The classical school promotes free competition, against the interference of the state in economy. Neoclassical synthesis provides the theory of both competition and monopoly. Austrian school does not advocate development of monopoly indefinitely, but advocates the Government to use regulate force to limit and reduce monopoly Modern primary school states that the fails met by the market make its operation not so efficient are affected by monopolies
* Under the perspective of Marxist economists
Karl Marx saw that the development of the forces of production, accumulation and concentration of capital created by competition would inevitably lead to the formation of monopolies. Monopoly is expressed by Engels that "Exclusive Organization (capitalism) is an alliance between the capitalists hold most of the production and consumption of one or more of certain types of goods, in order to gain high monopoly profit". V.I. Lenin sees monopoly is the most prominent economic characteristic of capitalism in the new period He asserts that the source of monopoly is competition, accumulation and concentration of capital with the underlying cause of the development of the productive forces of society. This monopoly is essentially a form
of alliance between the capitalists holding most of the production and consumption of certain types of goods to obtain monopoly profits high as Engels pointed out
Trang 8According to Hoang Dinh Can, economic monopoly is the status to concentrate economic forces (strength) in the hands of one or a few people, making them powerful for the reproduction
of society. Encyclopedia of Vietnam states that monopoly is the condition that there is only one or there are a few people (or organizations) monopolizing the market. According to the Great Dictionary of market economy, monopoly is a few large capitalist firms going for high monopoly profits joint venture to monopolize the market and produce exclusively a certain commodity X
According to Nguyen Van Ngoc, an enterprise becomes a monopoly when it is the only seller of its product and if that product has no close substitutes. Central Institute of Economic Management states that monopoly in business is that an enterprise or a corporation with certain economic, political and social conditions control production and consumption market of products, goods and services. Competition Law of Vietnam, an enterprise is considered to be the exclusive if there is not any other enterprise competitive to the goods and services that this enterprise doing business in the relevant market. Nguyen Van Nam said that the monopoly of a business specified in the Competition Act must be interpreted as a market power of an enterprise when doing business in a certain product for consumers, for rivals, set in the relevant market
From the above points of view, it is the author’s opinion that,
monopoly is an objective economic phenomenon, reflecting the existence of the enterprise in the market without competition. When
there is a monopoly position, the market will give that enterprise its power, "the ability to affect the market price of a certain goods or
services" Accordingly, enterprise monopoly is the term used to describe the power of firms in dominating input and output of a particular commodity on the market.
Enterprise monopoly in the market economy with a socialist orientation has basic characteristics including:
Trang 9First, the concentration in the hands of one or several
Third, firms take advantage of the state monopoly to become
enterprise monopoly, serving the interests of that business
Fourth, there is the possibility of market pricing, forcing
competitors and consumers to comply with those prices called monopoly pricing
Fifth, there is the ability to prevent competition from other
companies, in order to strengthen the monopoly position of the business
1.1.2 The forms of enterprise monopoly in the socialist oriented market economy
First, monopoly is formed from the competition between enterprises in the
economy
Second, the State’s policy to form State monopoly on a number of areas.
Trang 10a healthy competitive environment for the economy, while contributing to harmonize the interests of the State, businesses and consumers.
In essence, this is the action of the State and the economic subjects for the enterprises with monopolistic behavior adversely affecting the economy, in which the State and the economic subjects are the subjects of antimonopoly activities
The objects of antimonopoly activities are enterprises in an economy operating in the fields of manufacturing, sales and service implementing acts of abusing monopoly which negatively impact the economy
The methods, measures of antimonopoly include legal; economic; educational measures
The main purpose of antimonopoly is to build a healthy competitive environment with equality between businesses, resolve in harmony the interests of subjects in the economy
1.2.2. Content of enterprise antimonopoly in the socialist oriented market economy in Vietnam
Trang 11Fourth, control the activities of economic concentration of
enterprises tending to form a dominant position, monopoly position
1.2.3. The need for enterprise antimonopoly in the socialist oriented market economy
* Starting from the requirement to create a healthy competitive environment in the development of the socialist oriented market economy
* Derived from the negative effects of monopoly enterprises for economic, political, social, defense – security purposes.
1.3 Experience of some countries in the world in antimonopoly and lessons for Vietnam
1.3.1 Experience in enterprise antimonopoly in some countries
* The experience of the United States
The US is the first country in the world to issue antimonopoly law and encourage competition
The United States also put competition in the area of public service provision, creating competition in providing services to the government, to encourage competition between companies of the Government
Enhance the role of the Federal Trade Commission in enterprise antimonopoly
Strictness and deterrence of law, especially the violations of antimonopoly law are enforced more and more strictly
* The experience of the European Union
The European Union also built a policy on competition and antimonopoly early
Bring competition to execute in the fields where only stateowned enterprises or private monopolies are in charge, with solutions to eliminate barriers in rotation of goods, services, capital and labor, completing intraschool market
The European Union attaches great importance to the role of management bodies
Trang 12The European Union also quite effectively uses economic measures and administrative measures.
In addition, the relatively strong intervention of the State in order to ensure consumer rights is respected in practice
* Experience of Japan
Japan also soon issued Antimonopoly Act (07/1947), and organized the operation of the competition management departments
The Japanese government has step by step applied measures to narrow the scope of property and business of the State
Japan focuses on improving the quality of life, reducing the difference between domestic price and foreign one, enhancing market access, harmonious combining institution and international structures, arranging the structure of sectors, encouraging participation in the market of new businesses and the activities consistent with competition policy
* The experience of China
Separate the Government out of business; raise capital outside the State with different ownership percentage China has established management and stateowned assets supervision agencies at both central and local levels to release most of the intervention of the owners of the State management agency for State enterprises
Give competitive mechanism to monopolies by opening the door to private sector and foreign countries to participate, creating competition within the sector
Use the law to monitor and manage rather than administrative orders before
However, in the antimonopoly activities, China still has its limitations
1.3.2. Some lessons for Vietnam from antimonopoly experience
in some countries in the world
Trang 13First, build a consistent legal system, in which soon issue
Antimonopoly Law and implement in an earnest way, serving as the basis for enterprises doing fair business and competition
Second, promote the role of state management agencies and
social organizations in antimonopoly to create an environment of fair competition, to protect the interests of consumers
Third, develop a healthy competitive policy with an open
market, highly competitive together with the participation of components and enterprise
Fourth, incorporate economic, administrative measures in
antimonopoly
Fifth, clearly separate functions of administrative and business
management of the state over state enterprises, and promote the reform of stateowned enterprises towards reducing monopoly of the business
Conclusion of chapter 1Based on the approach to different viewpoints of scientists, the author has given an opinion about monopoly, enterprise monopoly, indicating the characteristics of enterprise monopoly. The introduction of central concepts, along with figuring out the basic content of antimonopoly in the socialistoriented market economy is the focus of chapter 1. The thesis researches experience
of other countries from which to draw lessons for Vietnam in antimonopoly
Chapter 2ACTUAL SITUATION OF ANTIMONOPOLY IN THE SOCIALIST ORIENTED MARKET ECONOMY
OF VIETNAM2.1. Situation of enterprise monopoly in our country in recent years
The phenomenon of abusing dominant position, monopoly position in the market still exists