应对REACH的竞争法视角

Dealing with REACH:From the Perspective of Competition Law

欧盟REACH法规实施以来中欧化学品贸易大受影响。世界各国对该法规开始时普遍质疑、反对,后来逐步接受和主动履行,但仍积极研究REACH法规的应对之策。主流观点认为REACH法规与WTO规则不符,因而试图通过WTO解决争议,然而收效甚微。从竞争法视角来看,REACH法规作为欧盟通过政府干预市场的手段,特别是在联合体、数据交换等问题上,与竞争法存在很大矛盾。该法规可能导致欧盟化学品企业形成垄断,中国化学品企业对其可能出现的违反竞争法的情况,可以运用反垄断法手段诉诸法律。

Ever since EU REACH regulations were put to use, the trade volume of chemicals between EU and China has been on the decline. Many other countries＇ attitude towards REACH has experienced a change from wide doubt and strong criticism at the very beginning to later gradual acceptance and positive fulfillment. However, research on the countermesures to REACH has never stopped all over the world. Based on the popular viewpoint that REACH regulations are inconsistent with WTO rules, efforts to resolve such disputes through WTO were made but with little success. From the perspective of competition law, REACH is a way of EU^s intervening in the market through government, which conflicts with competition law, especially in consortia and data exchange. As compliance of REACH may lead to EU chemical companies＇ cartel and monopoly, the Chinese chemical companies should resort to such competition laws as antitrust when infraction arises.