Anti-Monopoly Law of the People's Republic of China
Anti-Monopoly Law of the People's Republic of China
Anti-Monopoly Law of the People's Republic of China
Order of the President [2007] No. 68
August 30, 2007
The Anti-Monopoly Law of the People's Republic of China, which was adopted at the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007, is hereby promulgated and comes into effect as of August 30, 2008.
Hu Jintao, President of the People's Republic of China
Anti-Monopoly Law of the People's Republic of China
(Adopted at the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007)
Contents
Chapter I General Provisions
Chapter II Monopoly Agreements
Chapter III Abuse of Dominant Market Position
Chapter IV Concentration of Undertakings
Chapter V Abuse of Administrative Power to Exclude or Limit Competition
Chapter VI Investigation into Suspected Monopolistic Conduct
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to prevent and end monopolistic conduct, protect fair market competition, raise economic efficiency, protect the interests of the consumers and the public, and promote a healthy development of the socialist market economy.
Article 2 This Law is applicable to any monopolistic conduct in economic activities carried out within the People's Republic of China. This Law is also applicable to monopolistic conduct outside of the People's Republic of China which has an effect of excluding or limiting the competition in China’s domestic market.
Article 3 For the purposes of this Law, "monopolistic conduct" includes:
1. The conclusion of a monopoly agreement between business operators;
2. The abuse of a dominant market position by a business operator; and
3. A concentration of undertakings which has or may have an effect of excluding or limiting market competition.
Article 4 The State shall formulate and implement competition rules that are compatible with the socialist market economy, improve macro-control and establish a unified, open, competitive and orderly market system.
Article 5 Business operators may, through fair competition or voluntary association, be concentrated lawfully in order to expand their business scale and improve their market competitiveness.
Article 6 Business operators that have a dominant market position must not abuse that dominant position to exclude or limit competition.
Article 7 Article 7 The State shall protect the lawful business activities of the business operators from industries of vital economic or national security importance in which the state-owed sector of the economy holds controlling position or the industries which implement monopolization legally, and shall regulate and control the business activities of such business operators as well as the prices of their commodities and/or services pursuant to the law to protect the interests of consumers and promote technological advances.
The business operators referred to in the preceding paragraph shall conduct business operations lawfully and in good faith, carry out strict self-regulation, and accept the supervision of the general public, and must not use their controlling position or their exclusive trading status to harm the interests of consumers.
Article 8 Administrative agencies and other organizations authorized by laws or regulations to perform the function of administrating public affairs must not abuse their administrative powers to exclude or limit competition.
Article 9 The State Council shall establish an anti-monopoly commission to take charge of organizing, coordinating and guiding the anti-monopoly activities and to fulfill the following duties:
1. Studying and drafting policies related to competition;
2. Organizing investigation and assessment of the overall competition status in the market and publishing relevant reports;
3. Formulating and releasing anti-monopoly guidelines;
4. Coordinating anti-monopoly administrative law enforcement; and
5. Other duties prescribed by the State Council.
The composition and rules of procedure of the anti-monopoly commission shall be determined by the State Council.
Article 10 The authorities designated by the State Council to undertake anti-monopoly law enforcement (hereinafter referred to collectively as the "State Council's AML enforcement authority") shall be responsible for anti-monopoly law enforcement in accordance with this Law.
The State Council's AML enforcement authority may, as required by their work, empower the corresponding authorities of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government to take charge of the work related to anti-monopoly law enforcement in accordance with this Law.
Article 11 Trade associations shall strengthen their self-regulation, guide the business operators of their respective trades to engage in lawful competition, and maintain the good order of market competition.
Article 12 For the purposes of this Law, "business operators" refer to the natural persons, legal persons or other organizations which produce or sell commodities or provide services.
For the purposes of this Law, "relevant market" refers to the range of commodities and the territorial scope in which business operators compete with each other to provide a specific commodity or service (hereinafter referred to as a "commodity") during a specific period of time.
Chapter II Monopoly Agreements
Article 13 The following monopoly agreements between business operators who are in competition are prohibited:
1. Those on fixing or changing the prices of a commodity;
2. Those on limiting the production or sales volume of a commodity;
3. Those on dividing a sales market or the market from which raw materials are purchased;
4. Those on restricting the purchase of new technology or new equipment or preventing the development thereof; and
5.
......
Order of the President [2007] No. 68
August 30, 2007
The Anti-Monopoly Law of the People's Republic of China, which was adopted at the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007, is hereby promulgated and comes into effect as of August 30, 2008.
Hu Jintao, President of the People's Republic of China
Anti-Monopoly Law of the People's Republic of China
(Adopted at the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007)
Contents
Chapter I General Provisions
Chapter II Monopoly Agreements
Chapter III Abuse of Dominant Market Position
Chapter IV Concentration of Undertakings
Chapter V Abuse of Administrative Power to Exclude or Limit Competition
Chapter VI Investigation into Suspected Monopolistic Conduct
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to prevent and end monopolistic conduct, protect fair market competition, raise economic efficiency, protect the interests of the consumers and the public, and promote a healthy development of the socialist market economy.
Article 2 This Law is applicable to any monopolistic conduct in economic activities carried out within the People's Republic of China. This Law is also applicable to monopolistic conduct outside of the People's Republic of China which has an effect of excluding or limiting the competition in China’s domestic market.
Article 3 For the purposes of this Law, "monopolistic conduct" includes:
1. The conclusion of a monopoly agreement between business operators;
2. The abuse of a dominant market position by a business operator; and
3. A concentration of undertakings which has or may have an effect of excluding or limiting market competition.
Article 4 The State shall formulate and implement competition rules that are compatible with the socialist market economy, improve macro-control and establish a unified, open, competitive and orderly market system.
Article 5 Business operators may, through fair competition or voluntary association, be concentrated lawfully in order to expand their business scale and improve their market competitiveness.
Article 6 Business operators that have a dominant market position must not abuse that dominant position to exclude or limit competition.
Article 7 Article 7 The State shall protect the lawful business activities of the business operators from industries of vital economic or national security importance in which the state-owed sector of the economy holds controlling position or the industries which implement monopolization legally, and shall regulate and control the business activities of such business operators as well as the prices of their commodities and/or services pursuant to the law to protect the interests of consumers and promote technological advances.
The business operators referred to in the preceding paragraph shall conduct business operations lawfully and in good faith, carry out strict self-regulation, and accept the supervision of the general public, and must not use their controlling position or their exclusive trading status to harm the interests of consumers.
Article 8 Administrative agencies and other organizations authorized by laws or regulations to perform the function of administrating public affairs must not abuse their administrative powers to exclude or limit competition.
Article 9 The State Council shall establish an anti-monopoly commission to take charge of organizing, coordinating and guiding the anti-monopoly activities and to fulfill the following duties:
1. Studying and drafting policies related to competition;
2. Organizing investigation and assessment of the overall competition status in the market and publishing relevant reports;
3. Formulating and releasing anti-monopoly guidelines;
4. Coordinating anti-monopoly administrative law enforcement; and
5. Other duties prescribed by the State Council.
The composition and rules of procedure of the anti-monopoly commission shall be determined by the State Council.
Article 10 The authorities designated by the State Council to undertake anti-monopoly law enforcement (hereinafter referred to collectively as the "State Council's AML enforcement authority") shall be responsible for anti-monopoly law enforcement in accordance with this Law.
The State Council's AML enforcement authority may, as required by their work, empower the corresponding authorities of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government to take charge of the work related to anti-monopoly law enforcement in accordance with this Law.
Article 11 Trade associations shall strengthen their self-regulation, guide the business operators of their respective trades to engage in lawful competition, and maintain the good order of market competition.
Article 12 For the purposes of this Law, "business operators" refer to the natural persons, legal persons or other organizations which produce or sell commodities or provide services.
For the purposes of this Law, "relevant market" refers to the range of commodities and the territorial scope in which business operators compete with each other to provide a specific commodity or service (hereinafter referred to as a "commodity") during a specific period of time.
Chapter II Monopoly Agreements
Article 13 The following monopoly agreements between business operators who are in competition are prohibited:
1. Those on fixing or changing the prices of a commodity;
2. Those on limiting the production or sales volume of a commodity;
3. Those on dividing a sales market or the market from which raw materials are purchased;
4. Those on restricting the purchase of new technology or new equipment or preventing the development thereof; and
5.
......