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Full Article of Anti-monopoly Law of the People's Republic of China (3) |
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14:33, August 05, 2008 |
Chapter III Abuse of Market Dominance
Article 17 A business operator with a dominant market position shall not abuse its dominant market position to conduct following acts:
(1) selling commodities at unfairly high prices or buying commodities at unfairly low prices;
(2) selling products at prices below cost without any justifiable cause;
(3) refusing to trade with a trading party without any justifiable cause;
(4) requiring a trading party to trade exclusively with itself or trade exclusively with a designated business operator(s) without any justifiable cause;
(5) tying products or imposing unreasonable trading conditions at the time of trading without any justifiable cause;
(6) applying dissimilar prices or other transaction terms to counterparties with equal standing;
(7) other conducts determined as abuse of a dominant position by the Anti-monopoly Authority under the State Council
For the purposes of this Law, "dominant market position" refers to a market position held by a business operator having the capacity to control the price, quantity or other trading conditions of commodities in relevant market, or to hinder or affect any other business operator to enter the relevant market.
Article 18 The dominant market status shall be determined according to the following factors:
(1) the market share of a business operator in relevant market, and the competition situation of the relevant market;
(2) the capacity of a business operator to control the sales markets or the raw material procurement market;
(3) the financial and technical conditions of the business operator;
(4) the degree of dependence of other business operators upon of the business operator in transactions;
(5) the degree of difficulty for other business operators to enter the relevant market; and
(6) other factors related to determine a dominant market position of the said business operator.
Article 19 Where a business operator is under any of the following circumstances, it may be assumed to be have a dominant market position:
(1) the relevant market share of a business operator accounts for1/2 or above in the relevant market;
(2) the joint relevant market share of two business operators accounts for 2/3 or above; or
(3) the joint relevant market share of three business operators accounts for 3/4 or above.
A business operator with a market share of less than 1/10 shall not be presumed as having a dominant market position even if they fall within the scope of second or third item.
Where a business operator who has been presumed to have a dominant market position can otherwise prove that they do not have a dominant market, it shall not be determined as having a dominant market position.
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