|
|
Full Article of Anti-monopoly Law of the People's Republic of China |
 |
+ |
- |
14:23, August 05, 2008 |
(Adopted at the 29th meeting of the Standing Committee of the 10th National People''s Congress of the People''s Republic of China on August 30, 2007)
Chapter I General Provisions
Article 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 For the purposes of this Law, "monopolistic conducts" are defined as the following:
(1) monopolistic agreements among business operators;
(2) abuse of dominant market positions by business operators; and
(3) concentration of business operators that eliminates or restricts competition or might be eliminating or restricting competition.
Article 4 The State constitutes and carries out competition rules which accord with the socialist market economy, perfects macro-control, and advances a unified, open, competitive and orderly market system.
Article 5 Business operators may, through fair competition, voluntary alliance，concentrate themselves according to law, expand the scope of business operations, and enhance competitiveness.
Article 6 Any business with a dominant position may not abuse that dominant position to eliminate, or restrict competition.
Article 7 With respect to the industries controlled by the State-owned economy and concerning the lifeline of national economy and national security or the industries implementing exclusive operation and sales according to law, the state protects the lawful business operations conducted by the business operators therein. The state also lawfully regulates and controls their business operations and the prices of their commodities and services so as to safeguard the interests of consumers and promote technical progresses.
The business operators as mentioned above shall lawfully operate, be honest and faithful, be strictly self-disciplined, accept social supervision, shall not damage the interests of consumers by virtue of their dominant or exclusive positions.
Article 8 No administrative organ or organization empowered by a law or administrative regulation to administer public affairs may abuse its administrative powers to eliminate or restrict competition.
Article 9 The State Council shall establish the Anti-monopoly Commission, which is in charge of organizing, coordinating, guiding anti-monopoly work, performs the following functions:
(1) studying and drafting related competition policies;
(2) organizing the investigation and assessment of overall competition situations in the market, and issuing assessment reports;
(3) constituting and issuing anti-monopoly guidelines;
(4) coordinating anti-monopoly administrative law enforcement; and
(5) other functions as assigned by the State Council.
The State Council shall stipulate composition and working rules of the Anti-monopoly Commission.
Article 10 The anti-monopoly authority designated by the State Council (hereinafter referred to as the Anti-monopoly Authority under the State Council) shall be in charge of anti-monopoly law enforcement in accordance with this Law.
The Anti-monopoly Authority under the State Council) may, when needed, authorize the corresponding authorities in the people''s governments of the provinces, autonomous regions and municipalities directly under the Central Government to take charge of anti-monopoly law enforcement in accordance with this Law.
Article 11 A trade association shall intensify industrial self-discipline, guide business operators to lawfully compete, safeguard the competition order in the market.
Article 12 For the purposes of this Law,
"business operator" refers to a natural person, legal person, or any other organization that is in the engagement of commodities production or operation or service provision, and
"relevant market" refers to the commodity scope or territorial scope within which the business operators compete against each other during a certain period of time for specific commodities or services (hereinafter generally referred to as "commodities").
【 1 】 【 2 】 【 3 】 【 4 】 【 5 】 【 6 】 【 7 】 【 8 】
|
|
|
Comment
Tell A Friend
Print Format
Save Article