Anti-monopoly law enforcement procedure make provision

    (December 29, 2010, the national development and Reform Commission announced as of February 1, 2011, 8th) first in order to regulate and protect Government pricing departments to perform their duties against price fixing, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China anti-monopoly law (hereinafter referred to as antitrust law), these provisions are formulated.

    Second Government pricing departments to implement anti-cartel enforcement, these provisions shall apply.

    Third Department in charge of price under the State Council is responsible for the national law enforcement efforts against price fixing.

    Department in charge of price under the State Council authorized provincial, autonomous regional and municipal people's Government price departments, responsible for the administration of anti-cartel enforcement.

    Across the provinces, autonomous regions and municipalities directly under the price-fixing case, specified by the Department in charge of price under the State Council relevant provincial, autonomous regional and municipal people's Government price departments in the investigation, major cases directly by the Department in charge of price under the State Council to investigate and penalize.

    Article fourth of persons suspected of acts of price monopoly, State Council and provinces, autonomous regions and municipalities directly under the people's Government price departments within its statutory authority in government price departments implement a survey commissioned by level.

    Entrusted with the price administrative departments within the terms of reference, to delegate authorities implement a survey on behalf of that may entrust other administrative bodies, organizations or individual surveys. Fifth of persons suspected of acts of price monopoly, all units and individuals have the right to report to the Government Department in charge of price.

    Government price departments shall keep their informants confidential. Report in writing and provide relevant facts and evidence, Government price departments shall carry out the necessary investigations.

    Investigations include:

    (A) the informant on the same matter to other administrative authorities or initiate litigation to the people's Court;

    (B) is the basic situation of the source;

    (C) the relevant facts and evidence provided by informants;

    (D) other matters requiring investigation.

    The sixth Government pricing departments to investigate suspected acts of price monopoly, you can take the following measures:

    (A) enter the business premises of undertakings under investigation or in other appropriate places for inspection;

    (B) ask the operators under investigation, interested parties and other relevant entities or individuals (collectively the respondents), requiring them to explain the situation;

    (C) consult and copy by investigators of relevant documents, agreements, accounting records, business correspondence, electronic data and other documents and materials;

    (D) seizure, seizure of evidence;

    (E) the query operator's bank account.

    Take the measures provided for in the preceding paragraph, shall report to the Government price departments mainly responsible for the writing and approval.

    Seventh law enforcement officers asked the person under investigation, can take a face-to-face interview, telephone, or in writing, and so on. Interviews or telephone enquiries shall make investigation and interrogation.

    Those were asked inquiry record shall be checked and signed by the person questioned; no reading ability, should be read to them.

    Written interrogatories shall be served on the person under investigation questionnaire or outline, containing reference.

    Person questioned shall be as requested by the Department in charge of price, description of the situation.

    The eighth Government pricing departments to investigate suspected acts of price monopoly, law enforcement officials shall be at least two people, and shall show the People's Republic of China administrative law enforcement price documents.

    Nineth Government price departments and their staff to keep strictly confidential all business secrets obtained in the course of law enforcement duties.

    Tenth person under investigation should be in line with the Government pricing departments to perform their duties, and may not refuse or impede the investigation of Government price departments. 11th the operators under investigation, an interested person has the right to representation.

    Government price departments shall be business operators under investigation, interested parties submitted to verify the facts, reasons and evidence.

    12th Government price departments suspected of acts of price monopoly after investigation and verification, deemed to constitute acts of price monopoly, it shall make a decision, and announced to the public.

    13th operators believe that the conclusion of the agreement belong to the anti-monopoly law provisions of the 15th, shall provide relevant evidence, certified by the Government Department in charge of price review.

    Article 14th take the initiative to report to the Government Department in charge of price price monopoly agreement and to offer important evidence, Government pricing departments have the discretion to reduce or waive penalties for the operators.

    First report reached a price-fixing agreement about and provide important evidence, may be exempted from punishment; the second initiative report price monopoly agreement and provide important evidence of the situation, in accordance with the rate of not less than 50% mitigation; other active reports for price-fixing agreements and provide important evidence of the situation, in accordance with the rate of not more than 50% mitigation of punishment.

    Important evidence refers to the Government Department in charge of price find evidence of price-fixing agreements play a key role.

    15th suspected acts of price monopoly operators during the investigation period may submit an application to suspend the investigation.

    Applications should be made in writing to suspend the investigation, and set forth the following:

    (A) the fact of monopoly;

    (B) the commitment to take specific measures to eliminate the consequences;

    (C) the time limit for fulfilment of commitments;

    (D) the commitment of other content.

    16th being investigated in the Government Department in charge of price undertakings accepted term, to take concrete measures to eliminate the consequences of a Government price departments may decide to suspend the investigation and make a written decision on suspending the investigation.

    Decision on suspending the investigation shall specify the business operators under investigation suspected illegal facts and commitments of specific content, eliminating the effects of the measures and deadlines, failure to comply or does not fully comply with legal consequences.

    17th decide to suspend the investigation, Government price departments shall supervise the implementation of commitments on the operators.

    Operators shall be in accordance with the request of the Government Department in charge of price, written report commitment implementation.

    The 18th business operators to fulfil their commitments, Government price departments may decide to terminate the investigation.

    Any of the following circumstances shall resume its investigations:

    (A) the operator fails to perform within a specified time frame commitment or not fully honour their commitments;

    (B) decided to suspend the investigation was based on the fact that great changes have taken place;

    (C) decided to suspend the investigation was based on the operators provided incomplete or inaccurate information.

    19th administrative organs and legal and authorized rights to administer public affairs functions of the abuse of administrative power, and of carrying out acts of eliminating or restricting competition, the Government Department in charge of price according to the recommendations to the relevant superior authority:

    (A) the stopping force operators engaged in acts of price monopoly;

    (B) to abolish the contain a provision eliminating or restricting price competition;

    (C) on the direct responsible person in charge and other direct liable persons shall be given administrative sanctions;

    (D) other recommendations on correcting abuses of executive power.

    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 or restrict competition act otherwise provides, in accordance with its provisions.

    The 20th respondents to Government pricing departments to submit written statements, applications and other information, which shall be signed by the legal representative, the heads of the other organizations or individuals and seal.

    Article 21st disagrees with the decision made to government price departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    22nd price departments of provinces, autonomous regions and municipalities to investigate the case, shall make a decision within 10 business days after the relevant end situations, investigation reports and decide to suspend the investigation, terminated the investigation decision, administrative punishment decision letter submitted to the Department in charge of price under the State Council for the record.

    Entrusted by Government price departments, shall, within 5 working days after the end of the investigation, the relevant situation, case investigation final report, submitted to the Commission.

    The 23rd Government price departments personnel who abuse their powers, neglect their duties, engage or disclose commercial secrets obtained in the course of law enforcement, to constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

    24th article this provides for price fixing investigation procedures and administrative penalty procedures not specified in accordance with the People's Republic of China implementation of the law on administrative punishments.

    25th article of the rules by the national development and Reform Commission is responsible for the interpretation. 26th article of the regulations come into force on February 1, 2011.