antimonopoly.docx

1、antimonopoly中华人民共和国反垄断法Anti-monopoly Law of the Peoples Republic of China颁布日期：20070830 实施日期：20080801 颁布单位：全国人大常委会 Order of the President of the Peoples Republic of ChinaNo.68The Anti-monopoly Law of the Peoples Republic of China, adopted at the 29th Meeting of the Standing Committee of the Tenth Nat

2、ional Peoples Congress of the Peoples Republic of China on August 30, 2007, is hereby promulgated and shall go into effect as of August 1, 2008.Hu JintaoPresident of the Peoples Republic of ChinaAugust 30, 2007Anti-monopoly Law of the Peoples Republic of China(Adopted at the 29th Meeting of the Stan

3、ding Committee of the Tenth National Peoples Congress on August 30, 2007)ContentsChapter I General ProvisionsChapter II Monopoly AgreementsChapter III Abuse of Dominant Market PositionChapter IV Concentration of UndertakingsChapter V Abuse of Administrative Power to Eliminate or Restrict Competition

4、Chapter VI Investigation into Suspected Monopolistic ConductsChapter VII Legal LiabilitiesChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is enacted for the purpose of preventing and restraining monopolistic conducts, protecting fair market competition, enhancing

5、economic efficiency, safeguarding the interests of consumers and the interests of the society as a whole, and promoting the healthy development of socialist market economy.Article 2 This Law is applicable to monopolistic conducts in economic activities within the territory of the Peoples Republic of

6、 China; and it is applicable to monopolistic conducts outside the territory of the Peoples Republic of China, which serve to eliminate or restrict competition on the domestic market of China.Article 3 For the purposes of this Law, monopolistic conducts include:(1) monopoly agreements reached between

7、 undertakings ;(2) abuse of dominant market position by undertakings; and(3) concentration of undertakings that lead, or may lead to elimination or restriction of competition.Article 4 The State shall formulate and implement competition rules which are compatible with the socialist market economy, i

8、n order to improve macro-economic regulation and build up a sound market network which operates in an integrated, open, competitive and orderly manner.Article 5 Undertakings may, through fair competition and voluntary association, get themselves concentrated according to law, to expand the scale of

9、their business operations and enhance their competitiveness on the market.Article 6 Undertakings holding a dominant position on the market may not abuse such position to eliminate or restrict competition.Article 7 With respect to the industries which are under the control of by the State-owned econo

10、mic sector and have a bearing on the lifeline of the national economy or national security and the industries which exercise monopoly over the production and sale of certain commodities according to law, the State shall protect the lawful business operations of undertakings in these industries, and

11、shall, in accordance with law, supervise and regulate their business operations and the prices of the commodities and services provided by them, in order to protect the consumers interests and facilitate technological advance.The undertakings mentioned in the preceding paragraph shall do business ac

12、cording to law, be honest, faithful and strictly self-disciplined, and subject themselves to public supervision, and they shall not harm the consumers interests by taking advantage of their position of control or their monopolistic production and sale of certain commodities.Article 8 Administrative

13、departments or organizations authorized by laws or regulations to perform the function of administering public affairs may not abuse their administrative power to eliminate or restrict competition.Article 9 The State Council shall establish an anti-monopoly commission to be in charge of organizing,

14、coordinating and guiding anti-monopoly work and to perform the following duties:(1) studying and drafting policies on competition;(2)organizing investigation and assessment of competition on the market as a whole and publishing assessment reports;(3) formulating and releasing anti-monopoly guideline

15、s;(4) coordinating administrative enforcement of the Anti-Monopoly Law; and(5) other duties as prescribed by the State Council.The composition of and procedural rules for the anti-monopoly commission shall be specified by the State Council.Article 10 The authorities responsible for enforcement of th

16、e Anti-monopoly Law specified by the State Council (hereinafter referred to, in general, as the authority for enforcement of the Anti-monopoly Law under the State Council) shall be in charge of such enforcement in accordance with the provisions of this Law.The authority for enforcement of the Anti-m

17、onopoly Law under the State Council may, in light of the need of work, empower the appropriate departments of the peoples governments of provinces, autonomous regions or municipalities directly under the Central Government to take charge of relevant enforcement of the Anti-monopoly Law in accordance

18、 with the provisions of this Law.Article 11 Trade associations shall tighten their self-discipline, give guidance to the undertakings in their respective trades in lawful competition, and maintain the market order in competition.Article 12 For the purposes of this Law, undertakings include natural p

19、ersons, legal persons, and other organizations that engage in manufacturing, or selling commodities or providing services.For the purposes of this Law, a relevant market consists of the range of the commodities for which, and the regions where, undertakings compete each other during a given period o

20、f time for specific commodities or services (hereinafter referred to, in general, as “commodities”).Chapter II Monopoly AgreementsArticle 13 Competing undertakings are prohibited from concluding the following monopoly agreements:(1) on fixing or changing commodity prices;(2)on restricting the amount

21、 of commodities manufactured or marketed;(3)on splitting the sales market or the purchasing market for raw and semi-finished materials;(4)on restricting the purchase of new technologies or equipment, or the development of new technologies or products;(5) on joint boycotting of transactions; and(6)ot

22、her monopoly agreements confirmed as such by the authority for enforcement of the Anti-monopoly Law under the State Council.For the purposes of this Law, monopoly agreements include agreements, decisions and other concerted conducts designed to eliminate or restrict competition.Article 14 Undertakin

23、gs are prohibited from concluding the following monopoly agreements with their trading counterparts:(1) on fixing the prices of commodities resold to a third party;(2) on restricting the lowest prices for commodities resold to a third party; and(3)other monopoly agreements confirmed as such by the a

24、uthority for enforcement of the Anti-monopoly Law under the State Council.Article 15 The provisions of Article 13 and 14 of this Law shall not be applicable to the agreements between undertakings which they can prove to be concluded for one of the following purposes:(1) improving technologies, or en

25、gaging in research and development of new products; or(2) improving product quality, reducing cost, and enhancing efficiency, unifying specifications and standards of products, or implementing specialized division of production;(3) increasing the efficiency and competitiveness of small and medium-si

26、zed undertakings;(4) serving public interests in energy conservation, environmental protection and disaster relief;(5) mitigating sharp decrease in sales volumes or obvious overproduction caused by economic depression;(6) safeguarding legitimate interests in foreign trade and in economic cooperation

27、 with foreign counterparts; or(7) other purposes as prescribed by law or the State Council.In the cases as specified in Subparagraphs (1) through (5) of the preceding paragraph, where the provisions of Articles 13 and 14 of this Law are not applicable, the undertakings shall, in addition, prove that

28、 the agreements reached will not substantially restrict competition in the relevant market and that they can enable the consumers to share the benefits derived therefrom.Article 16 Trade associations may not make arrangements for undertakings within their respective trades to engage in the monopolis

29、tic practices prohibited by the provisions of this Chapter.Chapter III Abuse of Dominant Market PositionArticle 17 Undertakings holding dominant market positions are prohibited from doing the following by abusing their dominant market positions:(1) selling commodities at unfairly high prices or buyi

30、ng commodities at unfairly low prices;(2) without justifiable reasons, selling commodities at prices below cost;(3) without justifiable reasons, refusing to enter into transactions with their trading counterparts;(4) without justifiable reasons, allowing their trading counterparts to make transactio

31、ns exclusively with themselves or with the undertakings designated by them;(5) without justifiable reasons, conducting tie-in sale of commodities or adding other unreasonable trading conditions to transactions;(6) without justifiable reasons, applying differential prices and other transaction terms

32、among their trading counterparts who are on an equal footing; or(7) other acts of abuse of dominant market positions confirmed as such by the authority for enforcement of the Anti-monopoly Law under the State Council.For the purposes of this Law, dominant market position means a market position held by undertakings that are capable of controlling the prices or quantities