Industrial And Commercial Administrative Organs Of Suppression Of Abuse Of Administrative Power To Eliminate Or Restrict Competition Rules

Original Language Title: 工商行政管理机关制止滥用行政权力排除、限制竞争行为的规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347859.shtml

Industrial and commercial administrative organs of suppression of abuse of administrative power to eliminate or restrict competition rules

    (Published December 31, 2010 the State administration for industry and commerce, the 55th since as of February 1, 2011) first in order to stop the abuse of administrative power to eliminate or restrict competition, in accordance with the People's Republic of China anti-monopoly law (hereinafter referred to as the anti-monopoly law), these provisions are formulated.

    Second administrative organs and laws and regulations organization authorized to administer public affairs may not abuse its administrative power to eliminate or restrict competition.

    Third administrative organs and laws and regulations organization authorized to administer public affairs may not abuse its administrative power to engage in the following acts:

    (A) to explicitly ask, hint or rejection, delayed administrative license and duplicate checks, such as qualified or disguised qualified units or individual business, purchasing and using their designated operators providing goods or qualify other normal business activities;

    (B) commodities in the field implementation and local commodities of different technical requirements and inspection standards, or repeat testing, certification and so on technology measures, impeding, restricting foreign goods to enter the local market;

    (C) adoption of special administrative permission for foreign goods or commodities from outside the implementation of administrative licensing, to adopt different licensing conditions, procedures and time limit, limit, restrict foreign goods to enter local markets;

    (D) create barriers or other means impeding, restricting foreign goods to enter local markets or the local products to foreign markets;

    (E) to set discriminatory qualification requirements, assessment criteria or not to publish information in accordance with law, exclude or restrict business operators from outside the local bidding;

    (Vi) unequal treatment or any other means, exclude or restrict field operators in the local investment or set up branches or impede the normal operation of field operators in the local activities;

    (VII) mandatory operator between, monopoly agreements to eliminate or restrict competition, forcing dominant operators engaged in the abuse of a dominant position in the market.

    Fourth administrative organs may not abuse its administrative power to decisions, notices, circulars, notices, opinions, minutes of meetings and other forms, formulated and announced the provisions containing contents eliminating or restricting competition.

    Provisions of the preceding paragraph shall apply legal and authorized rights to administer public affairs organization.

    Fifth operator shall not engage in the following behavior:

    (A) Executive and legal and authorized rights to administer public affairs functions of the Organization's administrative limit reached, implement monopoly agreement and abuse of dominant market position;

    (B) the executive authorities and the legal and authorized rights to administer public affairs functions of the administrative authorization for, reach, monopolistic agreements and abuse of a dominant market position;

    (C) according to the administrative bodies and the legal and authorized rights to administer public affairs organization, publish administrative rules, citing, monopolistic agreements and abuse of a dominant market position.

    Sixth article administrative organ and legal, and regulations authorized of has management public affairs functions of organization violation this provides third article, and fourth article provides of, National Business Administration General and province, and autonomous regions, and municipalities Business Administration Council in accordance with anti-monopoly method 51st article of provides, can on administrative organ and legal, and regulations authorized of has management public affairs functions of organization abuse administrative power excluded, and limit competition of behavior performance and consequences, to its about superior organ proposed law processing of recommends.

    Article seventh breached the provisions of article fifth engaged in monopolistic practices, in accordance with the provisions of the administration of industry and commerce to prohibit monopoly agreements acts, the industrial and commercial administrative organs the prohibition of the abuse of dominance provisions of the Act. And monopolistic agreements article eighth, 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.

    Operators of abuse of a dominant market position, 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.

    Nineth laws and administrative regulations of administrative authorities and the legal and authorized rights to administer public affairs functions of the abuse of administrative power to eliminate and restrict competition provide otherwise, in accordance with its provisions.

    Tenth industrial and commercial administrative organs anti-monopoly law enforcement personnel shall, in accordance with the industrial and commercial administrative organs to stop abuse of administrative powers to eliminate or restrict competition provisions of the procedural provisions, 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.

    11th commodities mentioned in this provision shall include services.

    12th by the State administration for industry and commerce is responsible for the interpretation of these provisions. 13th article of the regulations come into force on February 1, 2011.