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Order of President of the People's
Republic of China
No.68
The Anti-monopoly Law of the People's Republic of
China has been approved in the 29th meeting of Standing Committee of the 10th
National People's Congress on Aug. 30, 2007.It is now promulgated and shall come
into force from the Aug. 1, 2008.
President of the People's Republic of China: Hu
Jintao
Aug.30,2007
Anti-monopoly Law of the People's Republic of
China
(Adopted at the 29th meeting of Standing Committee
of the 10th National People's Congress on Aug. 30, 2007)
Content
Chapter I General Provisions
Chapter II Monopoly Agreement
Chapter III Abuse of Market Dominant Position
Chapter IV Concentration
Chapter V Prohibition of Abuse of Administrative
Power to Restrict Competition
Chapter VI Investigation of Suspicious Monopoly
Behaviors
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of
guarding against and curbing monopolistic conduct, protecting fair market
competition, enhancing economic efficiency, maintaining the consumer interests
and the public interests, and promoting the healthy development of socialist
market economy.
Article 2 This Law is applicable to monopolistic
conduct in economic activities within the territory of the People's Republic of
China. This Law is applicable to monopolistic conduct outside the territory of
the People's Republic of China that has the effect of eliminating or restricting
competition on the domestic market of China.
Article 3 The monopolistic conduct herein refers
to:
(I) Monopoly agreement made between
undertakings;
(2) Abuse of market dominant position of
undertakings;
(3) Concentrations conducted by undertakings to have
or possible have the effect of eliminating or restricting competition.
Article 4 The State shall make and implement
competition rules appropriate for the socialist market economy and improve
macroeconomic measures for a united, open, competitive, and well-ordered market
system.
Article 5 Undertakings may concentrate when such an
action is in accordance with the law and adheres to fair competition and is a
voluntary union that expands the scale of operation and improves market
competition.
Article 6 Undertakings with a dominant market
position shall not abuse that dominant position to eliminate or restrict
competition.
Article 7 Industries controlled by the State-owned
economy and relied upon by the national economy and national security or
industries implementing exclusive operation and sales in accordance with the law
shall be protected by the State to conduct lawful operation by the undertakings.
The State shall supervise and control the price of commodities and services
provided by these undertakings and the operation of these undertakings so as to
protect the interests of the consumer and facilitate technical progress.
The undertakings mentioned in the paragraph above
shall operate, in good faith, in accordance with the law and in a
self-disciplined manner, accepting public supervision and shall not harm the
interests of the consumer from a controlling or exclusive dealing position.
Article 8 Administrative agencies and organizations
empowered by laws and regulations to manage public affairs shall not abuse their
administrative power to eliminate or restrict competition.
Article 9 The Anti-monopoly Committee under the
State Council performs the following functions:
(i) Making competition policies;
(ii) Organizing the investigation and assessment of
the market competition status as a whole and publicizing an assessment
report;
(iii) Making and publishing the anti-monopoly
guidelines;
(iv) Coordinating the anti-monopoly administrative
enforcement work; and
(v) Other functions assigned by the State
Council.
The structure and protocol of the Anti-monopoly
Committee shall be developed by the State Council
Article 10 The Anti-monopoly Enforcement Authority
designated by the State Council (Anti-monopoly Enforcement Authority) is
responsible for the enforcement of the anti-monopoly law.
The Anti-monopoly Enforcement Authority, if
appropriate, may empower corresponding government agencies at the provincial,
autonomous region, and municipal level to be responsible for anti-monopoly
enforcement activities in accordance with this Law.
Article 11 The Industry Associations shall
strengthen the self-discipline of industries to lead undertakings toward
competing in accordance with the law and protecting the order of market
competition.
Article 12 An "undertaking" in this Law refers to a
natural person, legal person, or other organization that engages in the
production or business of commodities or provides services. A "relevant market"
in this Law refers to the commodity scope or regional area within which the
undertakings compete against each other during a certain period of time for
specific commodities or services (hereinafter "commodities").
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