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    Anti Monopoly Law Of The People'S Republic Of China

    2008/3/26 15:43:00 28

    Anti Monopoly Law Of The People'S Republic Of China.

    (adopted at the twenty-ninth session of the Standing Committee of the Tenth National People's Congress on August 30, 2007)

    Catalog

    general provisions

    The second chapter is the monopoly agreement.

    The third chapter abuses the dominant position of the market.

    The fourth chapter is concentration of business operators.

    The fifth chapter abuses administrative power and excludes and restricts competition.

    The sixth chapter investigates the alleged monopolistic behavior.

    The seventh chapter is legal liability.

    Eighth chapter supplementary provisions

    general provisions

    Article 1 in order to prevent and stop monopolistic behavior, protect fair competition in the market, improve the efficiency of economic operation and safeguard the interests of consumers.

    This law is formulated in the light of social and public interests and the healthy development of the socialist market economy.

     

    The second act of monopolization in economic activities in People's Republic of China shall be governed by this Law and monopoly outside People's Republic of China.

    This law is applicable to the exclusion and restriction of competition in the domestic market.

     

    The third acts of monopoly stipulated in this Law include:

    (1) the operator has reached a monopoly agreement.

    (two) managers abuse their dominant market position.

    (three) concentration of operators who may or may have excluded or restricted competition effect.

     

    Fourth, the State formulates and implements competition rules that are compatible with the socialist market economy, improves macroeconomic regulation and control, and improves unity.

    Open, competitive and orderly market system.

     

    The fifth operators can implement centralization, expand operation scale and increase market competition through fair competition and voluntary joint operation.

    Ability.

    Sixth operators with market dominance shall not abuse the dominant position of the market and exclude or restrict competition.

     

    The seventh state-owned economy occupies the controlling status, the national economic lifeline and the national security industry, and the exclusive monopoly in accordance with the law.

    In the industry, the state protects the lawful business activities of its operators, and manages the business operations of the operators and the prices of their goods and services.

    The law carries out supervision and regulation, safeguarding consumer interests and promoting technological progress.

     

    The operators in the preceding paragraph shall operate in accordance with the law, be honest, trustworthy, strict self-discipline, accept the supervision of the public, and shall not make use of them.

    Its control position or exclusive monopoly position damages the interests of consumers.

     

    The eighth administrative organs and organizations authorized by laws and regulations to manage public affairs shall not abuse their administrative power and exclude them.

    Restrict competition.


    Ninth, the State Council shall set up an anti monopoly Committee, which is responsible for organizing, coordinating and directing anti monopoly work and performing the following duties:

    (1) to study and formulate relevant competition policies;

    (two) organize investigation, assess market overall competition status, and issue evaluation report;

    (three) formulate and publish antitrust guidelines;

    (four) coordinating the administrative enforcement of antitrust law;

    (five) other duties prescribed by the State Council.

     

    The composition and working rules of the antimonopoly Committee of the State Council shall be formulated by the State Council.

     

    Tenth institutions under the State Council's responsibility for antitrust law enforcement (hereinafter referred to as the State Council's anti monopoly enforcement agency) shall be in accordance with the provisions of the present law.

    The law stipulates that it is responsible for anti-monopoly law enforcement.

     

    The State Council's Antimonopoly law enforcement agencies may authorize corresponding organs of the people's governments of provinces, autonomous regions and municipalities directly under the central government in accordance with their work needs.

    According to the provisions of this law, responsible for anti-monopoly law enforcement.

     

    The eleventh trade associations should strengthen self-discipline and guide operators in the industry to compete according to law and maintain market competition order.

     

    The twelfth term "operator" in this Law refers to natural persons, legal persons and other groups engaged in the production, operation or provision of services.

    Weaving.

    The term "related market" as mentioned in this Law refers to the competition of certain commodities or services (hereinafter referred to as commodities) within a certain period of time.

    The scope and geographical scope of commodities.

     

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