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Full Article of Anti-monopoly Law of the People's Republic of China (2) |
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14:33, August 05, 2008 |
Chapter II Monopoly Agreement
Article 13 Any of the following monopoly agreements among the competing business operators shall be prohibited:
(1) fixing or changing prices of commodities;
(2) limiting the output or sales of commodities;
(3) dividing the sales market or the raw material procurement market;
(4) restricting the purchase of new technology or new facilities or the development of new technology or new products;
(5) making boycott transactions; or
(6) other monopoly agreements as determined by the Anti-monopoly Authority under the State Council.
For the purposes of this Law, "monopoly agreements" refer to agreements, decisions or other concerted actions which eliminate or restrict competition.
Article 14 Any of the following agreements among business operators and their trading parties are prohibited:
(1) fixing the price of commodities for resale to a third party;
(2) restricting the minimum price of commodities for resale to a third party; or
(3) other monopoly agreements as determined by the Anti-monopoly Authority under the State Council.
Article 15 An agreement among business operators shall be exempted from application of articles 13 and 14 if it can be proven to be in any of the following circumstances:
(1) for the purpose of improving technologies, researching and developing new products;
(2) for the purpose of upgrading product quality, reducing cost, improving efficiency, unifying product specifications or standards, or carrying out professional labor division;
(3) for the purpose of enhancing operational efficiency and reinforcing the competitiveness of small and medium-sized business operators;
(4) for the purpose of achieving public interests such as conserving energy, protecting the environment and relieving the victims of a disaster and so on;
(5) for the purpose of mitigating serious decrease in sales volume or obviously excessive production during economic recessions;
(6) for the purpose of safeguarding the justifiable interests in the foreign trade or foreign economic cooperation; or
(7) other circumstances as stipulated by laws and the State Council.
Where a monopoly agreement is in any of the circumstances stipulated in Items 1 through 5 and is exempt from Articles 13 and 14 of this Law, the business operators must additionally prove that the agreement can enable consumers to share the interests derived from the agreement, and will not severely restrict the competition in relevant market.
Article 16 Any trade association may not organize the business operators in its own industry to implement the monopolistic conduct as prohibited by this Chapter.
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