qiuchi0808
【摘要】In June 2006 for submission to the NPC Standing Committee's draft anti-monopoly law, the extensive focus on the controversial administrative monopoly whether adjustments should be included in the scope of anti-trust and anti-monopoly law enforcement agencies how the operation mode of these two issues on. In this paper, the specific provisions of the draft anti-monopoly law perspective, the view that administrative monopoly will be in the anti-trust regulation is necessary, will be the executing agency of China's anti-monopoly law as a model of the design of "anti-monopoly Committee" and "anti-monopoly law enforcement agencies" exist side by side the framework of the double-decker model from the status quo there is a feasibility point of view, but in the long run is a need for further adjustments.【关键词】Anti-monopoly law; legislative developments; administrative monopoly; anti-trust law enforcement agencies
Hexe留恋不往
Abstract in June 2006 submitted to the NPC Standing Committee's draft anti-monopoly law, the extensive focus on the controversial administrative monopoly whether adjustments should be included in the scope of anti-trust and anti-monopoly law enforcement agencies how the operation mode of this two issues. In this paper, the specific provisions of the draft anti-monopoly law perspective, the view that administrative monopoly will be in the anti-trust regulation is necessary, will be the executing agency of China's anti-monopoly law as a model of the design of "anti-monopoly Committee" and "anti-monopoly law enforcement agencies" exist side by side the framework of the double-decker model from the status quo there is a feasibility point of view, but in the long run is a need for further adjustments.
千针坊丶
Chinese Antimonopoy Law(adopted at the 29th session of the Tenth National People's Congress on August 30, 2007)Chapter 1: General ProvisionsArticle 1:This Law is enacted for the purpose of preventing and restraining monopolistic conducts, protecting fair competition in the market, enhancing economic efficiency, safeguarding the interests of consumers and social public interest, promoting the healthy development of the socialist market economy.Article 2:This Law shall be applicable to monopolistic conducts in economic activities within the People’s Republic of China.This Law shall apply to the conducts outside the territory of the People’s Republic of China if they eliminate or have restrictive effect on competition on the domestic market of the PRC.Article 3:“Monopolistic conduct” is defined in this law as the following activities:(i) monopolistic agreements among undertakings;(ii) abuse of dominant market positions by undertakings;(iii) concentration of undertakings that eliminates or restricts competition or might be eliminating or restricting competition;Article 4:The State formulates and carries out competition rules which in accordance with the socialist market economy, perfects macro-control, and advances a unified, open, competitive and orderly market system.Article 5:Undertakings shall through fair competition, voluntary alliance，concentrate according to law, expand the scope of operation, and enhance competition ability.Article 6:Undertakings of a dominant position shall be prohibited to abuse a dominant position, eliminate, and restrict competition.Article 7:For the undertaking in the state-owned economy controlled industries to which are related to national economic lifeline and state security, and in the industries to which the state grants special or exclusive rights, the state protect their lawful operation. The state also lawfully regulates and controls their operation and the price of their commodities and services, safeguards interests of consumers, promotes technical progresses.Article 8:Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall be prohibited to abuse administrative power, to eliminate or restrict competition.Article 9:The State Council establishes the Antimonopoly Commission, which in charge of organizing, coordinating, guiding antimonopoly works, performs the following responsibilitie.Article 10:Antimonopoly execution authorities are in charge of antimonopoly execution pursuant to this law.Article 11:Association of undertakings should intensify industrial self-discipline, guide undertakings to lawfully compete, safeguard the competition order in the market.Article 12:An “undertaking” in this law refers to a legal person, other organization or natural person that engages in businesses of commodities.Chapter 2: Monopoly AgreementArticle 13:Any following agreements among the undertakings competed with each other shall be prohibited.Article 14:Any following agreements among undertaking and counterparty are prohibited:(i) fix the price for resale;(ii) restrict the lowest price for resale;(iii) another monopoly agreement identified by antimonopoly execution authorities.Article 15:Agreements among undertakings with one of the following objectives shall be exempted from application of article 13, 14 if(i) agreements to improve technology, to research and develop new products.(ii) agreements for the purpose of product quality upgrading, cost reduction and efficiency improvement, of unify standards, norms or specialise.Article 16:Association of industry shall be prohibited to organize undertakings to conduct monopoly activities being prohibited by this law.Chapter 3: Abuse of a Dominant Market PositionArticle 17Undertakings of a dominant market position shall not abuse their dominant market positions to conduct following conducts:(i) sell commodities at unfairly high prices or buy commodities at unfairly low prices;(ii) sell commoditiews at prices below cost without legitimate reasons.Article 18:The following factors will be taken into consideration in finding dominant market position:(i) market share in relevant market, and the competition situation of the relevant market;(ii) ability to control the sales markets or the raw material purchasing markets.Article 19:Undertakings that have any of the following situations can be assumed to be have a dominant market position:(i) the relevant market share of one undertaking accounts for1/2 or above;(ii) the joint relevant market share of two undertakings accounts for 2/3 or above;(iii) the joint relevant market share of three undertakings accounts for 3/4 or above.Chapter 4: Concentration of UndertakingsArticle 20:A concentration refers to the following situations:(i) the merger of undertakings;(ii) the acquisition by undertakings, whether by purchase of securities or assets, of control of other undertakings.Article 21:A concentration falls under the notification criteria issued by the State Council, a report must be notify in advance with the antimonopoly execution authorities. Without notification the concentration shall not be implemented.Article 22:A concentration refers to following situations, shall not notify to the antimonopoly execution authoritie.Article 23:Undertakings which notify a concentration in advance with the antimonopoly execution authorities, shall submit following documents or materials:(i) summary of notification;(ii) the effect on competition on the relevant market of the concentration;(iii) agreement of concentration.Article 24:In case that the documents submitted by the notifying undertakings are not complete, shall submit the rest of the documents and materials with a set period stipulated by antimonopoly execution authorities. It will be taken as not notified, when the added documents and materials are not timely submitted.Article 25:The antimonopoly execution authorities shall preliminarily review the notified concentration and take the decisions whether to precede review and notify the undertakings in written form within 30 days, calculated from the date of receipt of the complete filing documents and materials referred to article 23 submitted by the undertakings.Article 26:If the antimonopoly execution authorities has decided to precede the review, shall review and decide whether to prohibit the concentration and notify the undertakings in written form within 90 days, calculated form the date of the decision being taken.Article 27:In the review of a concentration the following factors shall be considered:(i) market share in the relevant market of the undertakings concerned and their ability to control the market;(ii) concentrate degree of the relevant market ;(iii) effect on the market entry and technology improvement.Article 28:If a concentration has or may have effect of eliminating or restricting competition, the antimonopoly execution authorities shall take decision of prohibition. Article 29:The antimonopoly execution authorities shall make a decision of approval with restrictions and conditions where a concentration will reduce the negative effect on competition.Article 30:The antimonopoly execution authorities shall announce the decisions of prohibition or conditional concentration to public.Article 31:In case the acquisition of domestic enterprises by foreign investors or other manners to concentrate referred to national security, besides being reviewed according to this law, shall be carried out national safety review according to related regulations.Chapter 5: Abuse of Administrative Power to Eliminate or Restrict Competition内容较多，这里显示不全，具体可以参考如下网站
