Chapter 1 General Provisions

Article 1: In order to protect market competition, prevent and stop monopolistic behavior, improve economic operation efficiency, safeguard the legitimate rights and interests of operators and consumers and social welfare* This law is formulated to promote the interests of the people and promote the healthy development of the socialist market economy.

Article 2: This Law shall apply to monopolistic behaviors in economic activities within the territory of the People’s Republic of China; monopolistic behaviors outside the territory of the People’s Republic of China will exclude or restrict domestic market competition. If affected, this law shall apply.

If there are other provisions in relevant laws and administrative regulations regarding monopoly behaviors stipulated in this Law, such provisions shall prevail.

Article 3: Monopolistic behaviors stipulated in this law include:

(1) Operators reach a monopoly agreement;

(2) Operators abuse market dominance status;

(3) Concentration of business operators that has or may have the effect of eliminating or restricting competition.

The monopoly agreement referred to in item (1) of the preceding paragraph refers to agreements, decisions or other concerted behaviors that eliminate and restrict competition;

Article 4: Operators referred to in this Law , refers to natural persons, legal persons and other organizations engaged in the production and operation of goods or the provision of services in the relevant market.

The relevant market referred to in this Law refers to the scope or area in which operators compete for relevant goods or services (hereinafter referred to as goods) within a certain period of time.

Article 5: The State Council shall establish an Anti-Monopoly Committee. The Anti-Monopoly Commission of the State Council is responsible for leading, organizing and coordinating anti-monopoly work.

The agencies responsible for anti-monopoly law enforcement specified by the State Council (hereinafter collectively referred to as the anti-monopoly law enforcement agencies of the State Council) are responsible for anti-monopoly law enforcement in accordance with the provisions of this Law.

Based on work needs, the anti-monopoly law enforcement agency of the State Council may authorize the corresponding agencies of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to be responsible for relevant anti-monopoly law enforcement work in accordance with the provisions of this Law.

Article 6: Administrative agencies and organizations authorized by laws and regulations to manage public affairs (hereinafter referred to as public organizations) shall not abuse administrative power to eliminate or restrict competition.

The state strengthens and improves the regulation and supervision of the operation of administrative power in accordance with the law, and through deepening reforms, transforms government functions, and prevents and eliminates the abuse of administrative power to eliminate or restrict competition.

Chapter 2 Monopoly Agreements

Article 7: Competing operators are prohibited from entering into the following monopoly agreements:

(1) Fixing, maintaining or changing Commodity prices;

(2) Restricting the production quantity or sales quantity of commodities;

(3) Dividing the sales market or raw material procurement market;

(4) Restrictions on the purchase of new technologies and new equipment or restrictions on the development of new technologies and new products;

(5) Joint boycott of transactions;

(6) Determination by anti-monopoly law enforcement agencies other monopoly agreements.

Article 8 It is prohibited for operators to limit the price of goods resold to third parties or set other transaction conditions in trading activities to eliminate or restrict competition.

Article 9: Competing operators collude in bidding during the bidding and bidding process to eliminate or restrict competition.

Article 10: If the operator can prove that the agreement reached is to achieve one of the following purposes, will not seriously restrict competition in the relevant market, and enables consumers to share the resulting benefits, it does not apply. The provisions of Articles 7 and 8 of this Law:

(1) To improve technology, research and develop new products;

(2) To improve product quality, reduce costs, To improve efficiency and unify product specifications and standards;

(3) To provide small and medium-sized operators with operational efficiency and enhance their competitiveness;

(4) To achieve energy conservation , protecting the environment, disaster relief and other public interests;

(5) To protect legitimate interests in foreign trade and economic cooperation;

(6) In the economy During the recession, in order to alleviate the serious decline in sales or obvious overproduction.

Article 11: Monopoly agreements prohibited by this Chapter are invalid from the beginning.

Chapter 3 Abuse of Dominant Market Position

Article 12 Operators are prohibited from abusing their dominant market position to eliminate or restrict competition.

The term “market dominance” as mentioned in this Law refers to the ability of one operator or several operators as a whole to control the price, quantity or other trading conditions of goods in the relevant market, or to hinder or influence other The market position of an operator's ability to enter relevant markets.

Article 13 To determine that an operator has a dominant market position, the following factors shall be based on:

(1) The market share of the operator in the relevant market, and the competition status of the relevant market ;

(2) The operator’s ability to control the sales market or raw material procurement market;

(3) The operator’s financial and technical conditions;

(4) The dependence of other operators on the operator for transactions and its degree;

(5) The difficulty for other operators to enter the relevant market;

(6) ) Other factors related to the operator’s market dominance.

Article 14 Under any of the following circumstances, an operator may be presumed to have a dominant market position:

(1) An operator’s market share in the relevant market reaches 1/ 2 or more;

(2) Two operators as a whole have a market share of more than 2/3 in the relevant market;

(3) Three operators as a whole have a The market share of the relevant market reaches more than 3/4.

Under the circumstances specified in Item 3 of Item (2) of the preceding paragraph, if the market share of any operator is less than 1/10, it shall not be presumed that the operator has a dominant market position.

Article 15: Business operators’ abuse of market dominance includes:

(1) Selling goods at unfairly high prices or purchasing goods at unfairly low prices;< /p>

(2) Selling goods at a price lower than cost without justifiable reasons;

(3) Refusing to trade with the counterparty without justifiable reasons;

(4) Forcing the transaction counterparty to conduct transactions with it, or restricting the transaction counterparty to only conduct transactions with it or its designated operators without justifiable reasons;

(5) Violating the transaction counterparty People's wishes, tying goods or attaching other unreasonable trading conditions to their transactions;

(6) Without justifiable reasons, making differences in transaction prices and other transaction conditions between counterparties with the same conditions Treatment;

(7) Other abuses of market dominance determined by antitrust law enforcement agencies.

Chapter 4 Concentration of Business Operators

Article 16 Concentration of Business Operators refers to the following situations:

(1) Merger of Business Operators;

(2) The operator obtains a sufficient number of voting shares or assets of other operators;

(3) The operator obtains control over other operators through contracts or other means or is able to control other operators. Operators exert decisive influence.

The specific standards for a sufficient number of shares or assets with voting rights specified in item (2) of the preceding paragraph shall be stipulated by the anti-monopoly law enforcement agency of the State Council in conjunction with the relevant departments of the State Council.

Article 17 The global sales of all operators participating in the concentration exceeded RMB 12 billion in the previous year, and one operator participating in the concentration was listed in the People's Republic of China and the People's Republic of China. If annual sales exceed RMB 800 million, the operators participating in the concentration shall declare in advance to the Anti-Monopoly Law Enforcement Agency of the State Council; if they fail to declare to the Anti-Monopoly Law Enforcement Agency of the State Council, the operators shall not concentrate.

When calculating the sales volume specified in the preceding paragraph, operators who have a controlling or subordinate relationship with the operator shall be included in the calculation.

The State Council may separately stipulate the reporting standards for concentration of operators in banking, insurance and other special industries or fields.

The anti-monopoly law enforcement agency of the State Council may adjust the reporting standards for concentration of undertakings stipulated in paragraph 1 of this article based on the level of economic development and market competition conditions, and submit them to the State Council for approval before implementation.

Article 18 If the concentration of undertakings falls under any of the following circumstances, it is not necessary to report to the anti-monopoly law enforcement agency of the State Council;

(1) One undertaking participating in the concentration owns every other More than 50% of the voting shares or assets of a single operator;

(2) More than 50% of the voting shares or assets of each operator participating in the concentration are owned by the same operator not participating in the concentration of.

Article 19: Operators reporting concentration to the anti-monopoly law enforcement agency of the State Council shall submit the following documents and materials:

(1) Declaration form;

( 2) Explanation of the impact of the concentration on the relative market competition;

(3) Concentration agreement;

(4) Financial statements of the operators participating in the concentration for the previous fiscal year audited by certified public accountants Accounting reports;

(5) Other documents and materials specified by the anti-monopoly law enforcement agency of the State Council.

The declaration shall state the name, residence, business scope, global sales of the previous year, market share in the relevant market, the transaction volume of the concentration, and the planned implementation of the concentration of the operators participating in the concentration. date, etc.

Article 20 If the documents and materials submitted by operators are incomplete, they shall submit additional documents and materials within the time limit specified by the anti-monopoly law enforcement agency of the State Council. If an operator fails to submit additional documents and information within the time limit, it will be deemed as failure to declare.

Article 21 The Anti-Monopoly Law Enforcement Agency of the State Council shall, within 30 days from the date of receipt of the documents and materials submitted by the operator that comply with Article 19 of this Law, review the declared operator’s Conduct a centralized preliminary review, make a decision on whether to implement further review, and notify the operator in writing. Before the Anti-Monopoly Law Enforcement Agency of the State Council makes a decision, operators shall not implement concentration.

If the anti-monopoly law enforcement agency of the State Council makes a decision not to conduct further review or fails to make a decision within the time limit, operators may implement concentration.

Article 22: If the anti-monopoly law enforcement agency of the State Council decides to implement further review, it shall complete the review within 90 days from the date of decision, make a decision on whether to prohibit the concentration of business operators, and notify the business operators in writing; The reasons for the decision to prohibit the concentration of business operators shall be stated. During the review period, operators shall not implement concentration.

In any of the following circumstances, the State Council’s antitrust enforcement agency shall be responsible for the antitrust enforcement action. day;

(1) The operator agrees to extend the review time limit;

(2) The documents and information submitted by the operator are inaccurate and require further verification;

If the anti-monopoly law enforcement agency of the State Council fails to make a decision within the time limit, it shall be deemed that the concentration of undertakings is not prohibited.

Article 23 When reviewing the concentration of business operators, the following factors shall be considered:

(1) The market share of the business operators participating in the concentration in the relevant market and their control over the market Power;

(2) Market concentration in the relevant market;

(3) The possibility of concentration of operators in the relevant market to eliminate or limit competition;

(4) The impact of the concentration of business operators on market entry and technological progress;

(5) The impact of the concentration of business operators on consumers and other relevant operators;

(6) The impact of the concentration of business operators on the development of the national economy and social public interests;

(7) Other factors that should be considered as determined by the anti-monopoly law enforcement agency of the State Council.

Article 24 If the concentration of business operators has or may have the effect of eliminating or restricting competition, the anti-monopoly law enforcement agency of the State Council shall make a decision to prohibit the concentration of business operators. However, if the business operators can prove that the concentration of business operators can improve competition conditions and conditions, and the favorable factors for competition are significantly greater than the negative factors, or the concentration of business operators meets the requirements of public interests, the anti-monopoly agency of the State Council may make a decision on the business operations. The decision not to ban the concentration of perpetrators.

If the anti-monopoly law enforcement agency of the State Council does not prohibit the concentration of undertakings, it may decide to attach restrictive conditions to the concentration of undertakings.

Article 25 The anti-monopoly law enforcement agency of the State Council shall promptly announce to the public the decision to prohibit the concentration of undertakings or the restrictive conditions attached to the concentration of undertakings.

Chapter 5 Abuse of Administrative Power to Eliminate or Restrict Competition

Article 26 Administrative agencies and public organizations shall not abuse administrative power to restrict or disguise units in any way Individuals can only operate, purchase, and use goods provided by designated operators.

Article 27 Administrative agencies and public organizations shall not abuse administrative power and commit the following acts to hinder the free circulation and full competition of commodities between regions:

(1) ) Set discriminatory charging items, implement discriminatory charging standards, or stipulate discriminatory prices for foreign goods;

(2) Adopt different technical requirements and inspection standards for foreign goods from similar local goods, or Adopt discriminatory technical measures such as repeated inspections and repeated certifications for foreign goods to restrict foreign goods from entering the local market;

(3) Adopt approval, licensing and other means specifically for foreign goods to restrict foreign goods from entering the local market ;

(4) Set up checkpoints or other means to hinder the entry of foreign goods or the shipment of local goods.

Article 28 Administrative agencies and public organizations shall not abuse administrative power to exclude or restrict non-local operators from participating by setting discriminatory qualification requirements, evaluation standards or failing to release information in accordance with the law. Local tenders and tenders.

Article 29 Administrative agencies and public organizations shall not abuse administrative power to exclude or restrict foreign operators from investing or establishing branches locally by adopting unequal treatment with local operators. .

Article 30 Administrative agencies and public organizations shall not abuse administrative power to force local operators to engage in monopoly behaviors stipulated in this law.

Article 31: Administrative agencies shall not abuse administrative power and formulate regulations that exclude or restrict competition.

Chapter 6 Anti-Monopoly Agencies

Article 32 The Anti-Monopoly Committee of the State Council is composed of heads of relevant departments and agencies of the State Council and a number of experts.

The proceedings and Chinese rules of the Anti-Monopoly Committee of the State Council shall be stipulated by the State Council.

Article 33 The Anti-Monopoly Committee of the State Council shall perform the following duties:

(1) Study and formulate relevant competition policies;

(2) Organize investigations and evaluations The overall competition status of the market and issue an assessment report;

(3) Supervise and coordinate the anti-monopoly work of the State Council’s anti-monopoly law enforcement agencies, relevant departments and regulatory agencies of the State Council;

(4) Coordinate the handling of major antitrust cases;

(5) Other duties prescribed by the State Council.

Article 34 The Anti-Monopoly Law Enforcement Agency of the State Council shall perform the following duties:

(1) Formulate and publish relevant anti-monopoly guidelines and specific measures;

( 2) Investigate and evaluate market competition conditions;

(3) Investigate and deal with suspected monopolistic behavior;

(4) Stop monopolistic behavior;

(5) Acceptance , review the declaration of concentration of undertakings;

(6) Other duties prescribed by the State Council.

Article 35 Any unit or individual has the right to report suspected monopoly behavior to the anti-monopoly law enforcement agency. Antitrust law enforcement agencies shall keep the reporter confidential.

If the report is in written form and provides relevant facts and evidence, the antitrust law enforcement agency shall conduct necessary investigations.

Article 36: Anti-monopoly law enforcement agencies may take the following measures when investigating suspected monopolistic behavior:

(1) Enter the business premises of the operator under investigation or other relevant places to conduct investigations Inspection;

(2) Question the operators, interested parties or other relevant units and individuals under investigation and require them to explain relevant situations;

(3) Inspect, copy or request The operators, interested parties or other relevant units and individuals under investigation shall provide relevant documents, agreements, accounting books, business correspondence, electronic data and other documents and information;

(4) Seizing and detaining related matters Evidence;

(5) Inquire and freeze the bank account of the operator.

To take the measures specified in the preceding paragraph, a written report shall be submitted to the principal person in charge of the anti-monopoly law enforcement agency and shall be subject to approval.

Article 37: When an anti-monopoly law enforcement agency investigates suspected monopolistic behavior, the number of law enforcement officers shall not be less than 2, and they shall present their law enforcement certificates.

When law enforcement officers conduct inquiries and investigations, they shall prepare transcripts and have them signed by the person being questioned or the person under investigation.

Article 38 Anti-monopoly law enforcement agencies and their staff have the obligation to keep confidential the commercial secrets they learn in the performance of their duties in accordance with the law.

Article 39: Operators, interested parties or other relevant units and individuals under investigation shall cooperate with anti-monopoly law enforcement agencies in performing their duties in accordance with the law, and shall not refuse, or hinder the investigation of anti-monopoly law enforcement agencies.

Article 40 The operators and interested parties under investigation have the right to state their opinions and make defences. The anti-monopoly law enforcement agency shall verify the facts, reasons and evidence submitted by the operators and interested parties under investigation.

Article 41: After the anti-monopoly law enforcement agency investigates and verifies suspected monopolistic behavior, if it believes that it constitutes monopolistic behavior, it shall be dealt with in accordance with the law and may be announced to the public.

Article 42: If the anti-monopoly law enforcement agency investigates suspected monopolistic behavior, and the operator under investigation acknowledges it and promises to take specific measures to eliminate the consequences of the monopoly behavior within a certain period of time, the anti-monopoly law enforcement agency A decision can be made to discontinue the investigation. The decision to suspend the investigation shall state the specific content of the undertaking of the operator under investigation.

If the anti-monopoly law enforcement agency decides to suspend the investigation, it shall supervise the operators' performance of their commitments. If the operator fulfills its commitment, the antitrust law enforcement agency may decide to terminate the investigation and may decide to reduce or waive the penalty.

In any of the following circumstances, the antitrust law enforcement agency shall resume the investigation:

(1) The operator fails to fulfill its commitments;

(2) The operator makes The facts on which the decision to suspend the investigation is based have changed significantly;

(3) The decision to suspend the investigation is based on incomplete or untrue information provided by the operator.

Article 43 If operators or interested parties are dissatisfied with the decision made by the anti-monopoly law enforcement agency, they may apply for administrative reconsideration in accordance with the law; if they are dissatisfied with the administrative reconsideration, they may file an administrative lawsuit in accordance with the law.

Article 44: If the relevant laws and administrative regulations stipulate that monopolistic behaviors stipulated in this Law should be investigated and dealt with by relevant departments or regulatory agencies, such provisions shall prevail. Relevant departments or regulatory agencies shall notify the Anti-Monopoly Committee of the State Council of the investigation and handling results.

If the relevant departments or regulatory agencies fail to investigate and deal with the monopolistic behavior stipulated in this law, the anti-monopoly law enforcement agency may investigate and deal with it. When investigating and handling the case, the anti-monopoly law enforcement agency shall seek the opinions of relevant departments or regulatory agencies.

Chapter 7 Legal Responsibilities

Article 45 If an operator violates the provisions of this Law and reaches and implements a monopoly agreement, the anti-monopoly law enforcement agency shall order it to stop the illegal behavior and impose a fine. A fine of not less than 1% but not more than 10% of annual sales and illegal income confiscated; if a monopoly agreement has not been implemented, a fine of RMB 2 million may be imposed.

If an operator voluntarily reports to the anti-monopoly law enforcement agency the relevant circumstances of reaching a monopoly agreement and provides important evidence, the anti-monopoly law enforcement agency may reduce or exempt the operator from penalties as appropriate.

Article 46 If an operator violates these regulations, abuses its dominant market position, eliminates or restricts competition, the anti-monopoly law enforcement agency shall order it to stop the illegal behavior and impose a fine of 1% of the previous year's sales. A fine of not more than 10% and no more than 10% will be imposed, and the illegal income will be confiscated.

Article 47 If an operator carries out concentration in violation of the provisions of this Law, the Anti-Monopoly Law Enforcement Agency of the State Council shall impose a fine of not less than 1 million yuan but not more than 5 million yuan, and may order it to stop the concentration or impose sanctions within a time limit. Other measures have been taken to restore shares, assets, and transferred businesses to the state before the concentration of operators.

Article 48 For the fines stipulated in Articles 45, 46 and 47 of this Law, when determining the specific amount of the fine, the anti-monopoly law enforcement agency shall consider the violation of the law. Factors such as the nature, extent and duration of the behavior.

Article 49 If an operator implements monopolistic behavior and causes losses to others, he shall bear civil liability in accordance with the law; if it constitutes a crime, he shall be held civilly liable in accordance with the law.

Article 50: If administrative agencies and public organizations abuse administrative power and implement behaviors that eliminate or restrict competition, the superior authority shall order correction; if the case is serious, the authority at the same level or the superior authority shall be directly responsible for the violation. The supervisors and other directly responsible personnel shall be punished in accordance with the law. Laws and administrative regulations have other provisions on the handling of administrative agencies and public organizations that abuse administrative power to eliminate or restrict competition, and those provisions shall prevail.

Article 51: Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered to make corrections by the anti-monopoly law enforcement agency. Individuals may be fined not more than 20,000 yuan, and entities may be fined not more than 500,000 yuan. Fines; if the circumstances are serious, individuals will be fined not less than 20,000 yuan but not more than 200,000 yuan, and units will be fined not less than 500,000 yuan but not more than 50 million yuan; if it constitutes a violation of public security management, the public security organs will impose public security management penalties in accordance with the law; constitute Anyone who commits a crime shall be investigated for criminal responsibility in accordance with the law:

(1) Refusing or obstructing the investigation;

(2) Refusing to provide relevant materials and information or providing false materials and information;< /p>

(3) Concealing, destroying or transferring evidence.

Article 52 If a staff member of an anti-monopoly law enforcement agency abuses his or her power, neglects his or her duties, engages in malpractice for personal gain, or leaks business secrets of an operator learned during the law enforcement process, which constitutes a crime, he or she shall be investigated in accordance with the law. Criminal liability; if it does not constitute a crime, sanctions shall be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 53 This Law shall apply to behaviors that eliminate or restrict competition carried out by industry associations and other organizations.

Article 54 This Law does not apply to the behavior of operators exercising intellectual property rights in accordance with laws and administrative regulations related to intellectual property rights; however, if operators abuse intellectual property rights to eliminate or restrict competition, this law shall apply. This Act.

55. Cooperation, alliance or other coordinated behaviors that do not seriously restrict competition implemented by agricultural producers and their professional economic organizations in the production, processing, sales, transportation and storage of agricultural products are not applicable. This Act.

Article 56 This Law shall come into effect on day, month, year.

As for the specific case, you can analyze it yourself. There is so much content that I can’t finish it