Three Supporting Regulations— Powerful Weapons of the Anti-monopoly Law—will Take Effect in September
Recently, the State Administration for Market Regulation (SAMR) issued three supporting regulations of the anti-monopoly law, namely Interim Provisions on Prohibiting Monopoly Agreements, Interim Provisions on Prohibiting the Abuse of Dominant Market Position and Interim Provisions on Preventing Abuse of Administrative Power to Exclude and Restrict Competition, in order to formulate detailed rules and improve the feasibility of the anti-monopoly law in many aspects.
Experts of the industry pointed out that the introduction and implementation of the above-mentioned three regulations served as a “compass” and “powerful weapons” for the establishment of a unified and efficient anti-monopoly law enforcement system, making China's anti-monopoly legal system more complete and effective. In this regard, 2019 would thus become a new starting point for China's anti-monopoly law enforcement.
Integrate organization and unify standards
In March 2018, according to the Institutional Reform Plan of the State Council, the SAMR would be established by integrating the separated duties of anti-monopoly law enforcement institutions, including National Development and Reform Commission (NDRC), the State Administration for Industry and Commerce (SAIC) and the Ministry of Commerce (MoC), to form a unified law enforcement model. After more than one year of institutional reform and procedure streamlining, the SAMR has gradually integrated, unified and strengthened various anti-monopoly law enforcement rights. What has also been integrated and unified are China's anti-monopoly law enforcement functions, procedures and standards, as well as relevant rights and liabilities.
Eliminate categories of monopoly behavior
"As for the form of monopoly agreements, Interim Provisions on Prohibiting Monopoly Agreements no longer distinguish between price-fixing agreements and non-price-fixing agreements, which is mainly a result of the merger of the three anti-monopoly law enforcement institutions," said Huang Yong in an interview, professor of University of International Business and Economics and deputy head of the expert advisory group of the Anti-monopoly Committee of the State Council.
People's livelihood will be a priority
Interim Provisions on Preventing the Abuse of Administrative Power to Exclude and Restrict Competition stipulate authorization and jurisdiction, manifestations of the abuse of administrative power to exclude and restrict competition, investigations, and suggestions for dealing with these issues in accordance with law. Anti-monopoly law enforcement going forward will still focus on people’s livelihood and various kinds of administrative monopoly.
The introduction of the three supporting regulations has made it clear standards for identifying and punishing monopoly, and fully given anti-monopoly law enforcement institutions rights of investigation, evidence collection, and punishment and sanctions. While investigating and dealing with cases, relevant institutions and law enforcers will base their work more on regulations and improve their ability of law enforcement, thus being able to crack down on monopoly more effectively.
August 10, 2019
Source: China News Service
Photo from: 6199pic.com
