Administration Of Industry And Commerce Provisions Prohibiting Monopoly Agreements

Original Language Title: 工商行政管理机关禁止垄断协议行为的规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347876.shtml

Administration of industry and Commerce provisions prohibiting monopoly agreements

    (Published December 31, 2010 the State administration for industry and commerce, the 53rd since as of February 1, 2011) first in order to curb monopoly agreement in economic activities, in accordance with the People's Republic of China anti-monopoly law (hereinafter referred to as the anti-monopoly law), these provisions are formulated.

    Prohibition in article II monopoly agreement in economic activities.

    Monopoly agreements refers to the violation of the Antimonopoly Law on 13th, 14th, 16th, the provisions of articles, or between operators Association organize the business operator on eliminating or restricting competition agreements, decisions or concerted practices.

    Agreement or decision including written and oral forms.

    Other concerted practice refers to are not explicitly written or oral agreements or decisions, but the concerted practices exist.

    Article finds other concerted practice, you should consider the following factors:

    (A) operators of the market behavior has a consistent;

    (B) communication or exchange of information between operators;

    (Iii) whether reasonable interpretation consistent behavior.

    Found other concerted practice, should also take into account the structure of the relevant market, competition, changing market conditions, industry conditions, and so on.

    Article fourth against rival operators to limit the production of goods quantity or volume reached the following agreements:

    (A) to limit the production, fixed yield, stop production, and limited production of goods quantity or limit the number of commodity-specific varieties, types of production;

    (B) to refuse to supply, limit the amount of merchandise, such as limiting the sale of goods quantity or restrict sales of commodity-specific type, model number.

    Fifth prohibits operators have a competitive relationship split sales markets or the raw material procurement market reached the following agreements:

    (A) divide sales territories, sales or sales of goods the type and quantity of goods;

    (B) the Division of raw materials, semi-finished products, components, related equipment, such as the procurement of raw materials, type and quantity;

    (C) the Division of raw materials, semi-finished products, components, relevant equipments and other raw materials suppliers.

    Sixth prohibits operators have a competitive relationship limits the purchase of new technology or the development of new technologies, new equipment, new products reached the following agreements:

    (A) restrictions on the purchase and use of new technologies, new technologies;

    (B) restrictions on the purchase, lease, use new devices;

    (C) limits on investment, research and development of new technologies, new processes and new products;

    (D) refuse to use new technologies, new processes, new equipment;

    (V) rejecting the use of new technical standards.

    Seventh prohibits operators have a competitive relationship boycott trade reached the following agreements:

    (A) joint refusal to supply or sell merchandise to specific operators;

    (B) the unions reject a purchase or sale of goods for a specific operator;

    (C) joint-qualify a particular operator shall not traded and its operators have a competitive relationship.

    Eighth article of the other monopoly agreements specified in the provisions, with the exception of price-fixing agreements, legally recognized by the State administration for industry and commerce.

    Nineth prohibits trade associations to organize the business operators in the following way prohibit monopoly agreements:

    (A) develop, release containing contents eliminating or restricting competition by industry association standards, rules, decisions, notifications, and so on;

    (B) convening, organizing or promoting the industry's operators to eliminate or restrict competition agreements, resolutions, minutes, memoranda and other.

    Article tenth in violation of the provisions set forth in fourth to eighth, and monopolistic agreements reached, by the administration of industry and commerce shall be ordered to desist from the illegal act, confiscate the illegal income, and annual sales of more than 1% # 10% at the following fine; the monopoly agreement has not yet been implemented, and may be fined not more than 500,000 yuan.

    Violation of the provisions of article Nineth trade associations, organized this monopolistic agreements among industry operators, industrial and commercial administrative organs can be fined not more than 500,000 yuan and in serious cases, industrial and commercial administrative organs may ask the social organization registration authority to deregister.

    When the industrial and commercial administrative organs to determine the specific amount, should take into account the nature of the offence, circumstances, extent, duration and other factors.

    Collusion between operators or associations operators in collusion, monopoly agreement has yet been reached, administration for industry and commerce should be stopped in time.

    Operator's initiative to stop the monopoly Agreement Act, industrial and commercial administrative organs have the discretion to reduce or waive penalties for the operators.

    Article 11th monopoly agreements reached at the initiative to report to the Administration for industry and Commerce of the situation and provide important evidence, the industrial and commercial administrative organs have the discretion to reduce or waive penalties for the operators.

    Industrial and commercial administrative organs decided to mitigated punishment or be exempted from punishment, shall be reported in accordance with the initiative of chronological order, providing evidence of how important, reach, monopolistic agreements about the situation and cooperate with the investigation determined.

    Important evidence refers to the administrative organ for industry and Commerce initiated an investigation or evidence of monopoly agreements played a crucial role, including operators of participation agreements, involving product scope, contents and methods of reaching agreements, implementation of the agreement. 12th on the agreements reached at the first report of the situation, provides important evidence and full cooperation in the investigation of the operators be exempted from punishment.

    Agreements reached at the initiative to report to the industrial and commercial administrative organs and provide important evidence of the other operators concerned and, where appropriate, a mitigated punishment.

    13th article of the article 11th, 12th called the mitigated punishment or be exempted from punishment, mainly refers to the 46th of the Antimonopoly Act stipulates fines or mitigated.

    14th operators to provide materials to prove that conclusion of the agreement in accordance with the provisions of antitrust law section 15th of, designated by the industrial and commercial administrative organs, these rules do not apply.

    Section 15th of the industrial and commercial administrative organs in accordance with the provisions of the administrative punishment decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    16th industrial and commercial administrative organs anti-monopoly law enforcement personnel shall, in accordance with the administrative authorities for industry and Commerce investigated and dealt with monopoly agreements, abuse of dominant market position provisions of the procedural requirements of the case, in strict accordance with the law.

    Industrial and commercial administrative organs antitrust enforcement officials who abuse their powers, neglect their duties, engage or disclose commercial secrets obtained in the course of law enforcement, in accordance with the relevant provisions.

    Article 17th of agricultural producers and rural economic organizations in agricultural production, processing, sale, transport, storage and other business activities in the implementation of joint or concerted practice, these rules do not apply.

    Goods include services in 18th article of the rules.

    Article 19th by the State administration for industry and commerce is responsible for the interpretation of these provisions. 20th article of the regulations come into force on February 1, 2011.