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.

(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.

The second chapter is the monopoly agreement.

The thirteenth prohibition of the following monopoly agreements by operators with competitive relations:

(1) fixing or changing the price of commodities;

(two) limiting the quantity or quantity of goods sold;

(three) split sales market or raw material procurement market;

(four) restrict the purchase of new technology or equipment or restrict the development of new technologies and products;

(five) boycott the paction;

(six) other monopoly agreements identified by the antimonopoly law enforcement agency of the State Council.

The term "monopoly agreement" as mentioned in this Law refers to agreements, decisions or other cooperative actions that exclude or restrict competition.

The fourteenth prohibition of the following monopoly agreements between the operator and the counterparty:

(1) fixing the price of resale commodities to third persons;

(two) limit the minimum price of resale products to third people;

(three) other monopoly agreements identified by the antimonopoly law enforcement agency of the State Council.

Regulations:

(1) to improve technology and research and develop new products;

(two) to improve product quality, reduce costs and increase efficiency, unify product specifications, standards or specialization.

(three) to enhance the operating efficiency of small and medium-sized operators and enhance the competitiveness of small and medium-sized operators.

(four) to achieve social and public interests such as energy conservation, environmental protection and disaster relief.

(five) in order to alleviate the serious decline of sales volume or the obvious surplus of production due to the economic downturn.

(six) to safeguard the legitimate interests of foreign trade and foreign economic cooperation;

(seven) other circumstances stipulated by the law and the State Council.

If the provisions of articles 1 to fifth of the preceding paragraph are not applicable to the provisions of the thirteenth and fourteenth articles of this law, the operator shall also certify the case.

The agreement will not seriously restrict the competition in the relevant market, and enable consumers to share the benefits arising therefrom.

The sixteenth trade associations shall not organize the operators of the industry to engage in monopolistic acts prohibited by this chapter.

The third chapter abuses the dominant position of the market.

The seventeenth is to prohibit operators with dominant market position from engaging in the following acts of abuse of dominant market position:

(1) selling goods at an unfair high price or buying goods at an unfair low price;

(two) selling goods at less than cost without justifiable reasons;

(three) refusing to trade with the counterparty without justified reasons;

(four) there is no justification for limiting the relative paction of a paction, or only with its designated operator.

;

(five) there is no justification for tying up commodities or additional unreasonable trading conditions when trading.

(six) there is no justification for discriminatory treatment on the paction conditions such as paction price and other trading conditions.

(seven) other acts of abuse of market dominance identified by the State Council's anti-monopoly law enforcement agency.

The market dominant position as mentioned in this Law refers to the ability of operators to control commodity prices, quantities or other pactions in related markets.

Conditions, or impeding or affecting the market position of other operators' access to relevant market capabilities.

The eighteenth is that the operator should have the dominant position in the market.

(1) the market share of the operator in the relevant market and the competitive situation of the relevant market;

(two) the operator's ability to control the sales market or raw material procurement market;

(three) the financial and technical conditions of the operator;

(four) the degree of dependence of other operators on the business;

(five) the difficulty of other operators to enter the relevant market.

(six) other factors related to the identification of the dominant position of the operator.