Provisions of the Industry and Commerce Administration Organs on the Procedures for the Investigation and Penalties of Monopoly Agreement Cases and Abuse of Dominant Market Position Cases
Provisions of the Industry and Commerce Administration Organs on the Procedures for the Investigation and Penalties of Monopoly Agreement Cases and Abuse of Dominant Market Position Cases
Provisions of the Industry and Commerce Administration Organs on the Procedures for the Investigation and Penalties of Monopoly Agreement Cases and Abuse of Dominant Market Position Cases
Order of the State Administration for Industry and Commerce No. 42
May 26, 2009
Article 1 With a view to regulating and guaranteeing the industry and commerce administration organs to legally investigate and punish the monopoly activities, these Provisions are hereby formulated in accordance with the Anti-monopoly Law of the People's Republic of China.
Article 2 The State Administration for Industry and Commerce shall be responsible for the anti-monopoly law enforcement work in respect of monopoly agreements and abuses of dominant market position.
The State Administration for Industry and Commerce may, in line with the needs of its work, authorize the industry and commerce administration organs at relevant provinces, autonomous regions and municipalities (hereinafter referred to as the administrative authorities at the provincial level) to be responsible for the anti-monopoly law enforcement work in respect of monopoly agreements and abuses of dominant market position.
Article 3 The State Administration for Industry and Commerce shall be responsible for the investigation and penalties of the following monopoly activities:
(1) Those that have great impact nationwide; and
(2) Those that the State Administration for Industry and Commerce deems it should govern.
An industry and commerce administration organ at the provincial level may be authorized to investigate and punish the following monopoly activities:
(1) Those that occur within its administrative region;
(2) Those that occur across provinces, autonomous regions and municipalities but the places of main act are within its administrative region; and
(3) Those that the State Administration for Industry and Commerce deems should be governed by an industry and commerce administration organ at the provincial level.
The authorization is decided on a case by case basis. No authorized industry and commerce administration organ at the provincial level may re-authorize its inferior industry and commerce administration organ.
Article 4 The administrative authority of industry and commerce may detect monopoly activities and legally investigate and punish the same according to its powers or by means of public report, case transfer from other authorities or case handover from superior authorities, etc..
Article 5 All entities and individuals are entitled to report suspected monopoly activities to the administrative authority for industry and commerce who shall keep the reporter in confidential.
Where a report is in writing, it shall contend the following particulars:
(1) The basic information of the reporter. In case of an individual reporter, the name, address, contact means, etc. of the reporter shall be provided. In case of an operator reporter, the name, address, contact means, the industries it mainly engaged in, the products it produced or services it provided, etc. shall be provided.
(2) The basic information of the reported, including the name, address of the operator, the industries it mainly engaged in, the products it produced or the services it provided, etc.;
(3) Relevant facts of the suspected monopoly, including the fact that the reported engages in monopoly activities in violation of laws, regulations and rules and the time, address thereof;
(4) Relevant evidences, including documentary evidence, material evidence, testimony of witnesses, audio-visual material, computer data, expert conclusion, etc., which shall bear the signature of the provider and state the source of the evidence; and
(5) Whether the same fact has been reported to other administrative authority or has been filed a lawsuit to the people's court.
Article 6 The State Administration for Industry and Commerce and the industry and commerce administration organs at the provincial level shall be responsible for accepting the report materials.
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