Anti Price Monopoly Regulations Promulgated &Nbsp; Prohibit Industry Giants From Discriminatory Pricing.

Recently, the national development and Reform Commission formulated and promulgated the anti price law in accordance with the anti monopoly law of the People's Republic of China.

In recent years, with the expansion of market competition and the deepening of competition, in some industries and regions, the phenomenon of violating competition law has been increasing, and the means of restricting competition have been constantly renovated. Various forms of price Union and abuse of monopoly position have seriously damaged the legitimate rights and interests of consumers, and also harmed the healthy development of the socialist market economy.

The regulations on anti price monopoly promulgated by the national development and Reform Commission made specific provisions on the forms and legal responsibilities of price monopoly agreements such as price monopoly agreements, abuse of dominant market position and abuse of administrative power.

It mainly includes: Prohibition of the eight kinds of price monopoly agreements between the operators who have the competitive relationship to achieve fixed or changed prices; prohibit the agreement between the operators and the trading parties to reach the fixed commodity resale price and limit the lowest resale price of the commodity; the operators with market dominant position shall not engage in six kinds of price monopolistic acts, such as unfair high price sales, unfair and low price purchase, differential treatment on the price, and additional unreasonable expenses.

The anti price monopoly regulation also stipulates that the administrative organs and organizations authorized by laws and regulations to manage public affairs shall not abuse administrative power, force operators to engage in price monopoly activities, or formulate provisions that contain contents that exclude or restrict price competition; they shall not set discriminatory charging items, implement discriminatory charging standards or discriminate prices for other commodities.

In order to regulate and protect the government's price authorities in performing their anti price monopoly duties according to law and protect the legitimate rights and interests of citizens, legal persons and other organizations, the national development and Reform Commission also announced the "

The introduction of the two regulations has further improved China's anti-monopoly legal system, is conducive to strengthening law enforcement against price monopoly in accordance with the law, fostering market competition culture, and encouraging relevant enterprises and market entities to consciously standardize their business practices and jointly maintain the socialist market economic order.

Provisions on administrative enforcement procedures against price monopoly

Article 1. In order to regulate and protect the government's price authorities in performing their anti price monopoly duties according to law, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are formulated in accordance with the anti monopoly law of the People's Republic of China (hereinafter referred to as the anti monopoly law).

The second government price departments shall apply the provisions of the anti price monopoly law enforcement.

The third price department of the State Council is responsible for the nationwide anti price monopoly law enforcement.

The price administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government, which are authorized by the price department under the State Council, shall be responsible for the enforcement of anti price monopoly in their respective administrative areas.

The case of price monopoly in provinces, autonomous regions and municipalities directly under the central government shall be designated by the competent department of price under the State Council for investigating and handling the relevant price departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government, and major cases shall be investigated and dealt with directly by the competent price department of the State Council.

Fourth, the State Council and the provinces and autonomous regions are involved in the alleged price monopoly.

The price administrative department of the people's Government of a municipality directly under the central government may entrust the next level government price department to carry out an investigation within its statutory authority.

The entrusted government price department shall, within the scope of its entrustment, carry out the investigation in the name of the entrusted organ, and shall not entrust any other administrative organ, organization or individual to carry out the investigation.

The fifth article has the right to report to the government price department for any alleged price monopoly.

The government price department should keep confidential the whistleblower.

If the report is written in written form and provides relevant facts and evidence, the competent price department of the government shall conduct the necessary investigation.

Investigation items include:

(1) whether the informant reported to the other administrative authorities on the same matter or filed a lawsuit in the people's court.

(two) the basic situation of the informant;

(three) the relevant facts and evidence provided by the informant;

(four) other matters to be investigated.

Sixth government price authorities investigate suspected prices

(1) enter the business premises of the investigated business operators or other relevant establishments for inspection;

(two) to inquire about the operators, interested parties or other relevant units or individuals (hereinafter referred to as the respondents), and ask them to explain the situation.

(three) to consult and copy documents, materials and other documents, documents, accounting books, business correspondence and electronic data of the investigated persons.

(four) sealing up or detaining relevant evidence;

(five) inquire the operator's bank account.

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The measures taken in the preceding paragraph shall be reported to the responsible person in charge of the price department of the government in written form and approved.

The seventh law enforcement officers inquired about the respondents, who could take interviews, telephone or written methods.

Interview or telephone inquiries should be made.

The pcript of investigation should be handed over to the person who inquired after it was checked, and should be read out to those who do not have the ability to read.

If a written inquiry is made, a questionnaire or an outline of the investigation should be sent to the investigated party, indicating the investigation items.

The person questioned should explain the situation in accordance with the requirements of the competent price department.

Eighth government price authorities investigate suspected price monopoly activities, law enforcement personnel must not be less than two people, and should produce People's Republic of China price administrative enforcement documents.

The ninth government price departments and their staff members have the obligation of confidentiality to the trade secrets they know in the process of law enforcement.

The tenth investigated persons should cooperate with the government price department in carrying out their duties according to law, and must not refuse or obstruct the investigation by the government price department.

The eleventh investigated operators and interested parties have the right to state their opinions.

The government price department shall verify the facts, reasons and evidences raised by the investigated operators and interested parties.

After the twelfth government price authorities investigate and verify the suspected price monopoly behavior, they believe that the act of forming a price monopoly shall be dealt with according to law, and can be released to the public.

If the thirteenth operators believe that the agreement reached by them belongs to the situation stipulated in the fifteenth provision of the anti-monopoly law, the relevant evidence shall be provided and examined and verified by the competent price department of the government.

If the fourteenth operators report to the government price department voluntarily about the relevant circumstances of the price monopoly agreement and provide important evidence, the government price department may reduce or exempt the operator from punishment as appropriate.

The first initiative to report the relevant circumstances of the price monopoly agreement and provide important evidence may be exempted from punishment; if the second proactive reports reach the relevant circumstances of the price monopoly agreement and provide important evidence, they may be mitigated according to the magnitude of not less than 50%; if other main reports reach the relevant circumstances of the price monopoly agreement and provide important evidence, they may be mitigated according to the rate of not more than 50%.

The important evidence is evidence that the government price authorities have a key role in determining the price monopoly agreement.

Fifteenth operators suspected of price monopoly can apply for suspension of investigation during the period of investigation.

The application for suspension of investigation shall be made in writing and shall specify the following items:

(1) the fact of being suspected of monopolization;

(two) undertake to take concrete measures to eliminate the consequences of actions;

(three) the time limit for performance of commitments;

(four) other commitments that need to be undertaken.

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Sixteenth of the surveyed operators undertake to take specific measures to eliminate the consequences of the action within the time limit approved by the government price authorities. The competent price department of the government may decide to suspend the investigation and make a decision to suspend the investigation.

The decision to terminate the investigation shall specify the facts of the alleged violation of the investigated operator, the specific contents of the commitment, the measures and time limit for eliminating the impact, the legal consequences of failure to perform or fail to fulfill the commitments.

The seventeenth decision to suspend the investigation, the government price department shall supervise the operators' performance of their commitments.

The operator shall, in accordance with the requirements of the government price department, make a written report on the performance of the promise.

If the eighteenth operators fulfill their commitments, the government price authorities may decide to terminate the investigation.

In case of any of the following situations, the investigation shall be resumed.

(1) the operator fails to fulfill his promise or fails to fulfill his promise within the prescribed time limit;

(two) significant changes have taken place in the fact that the decision to suspend the investigation is based on facts.

(three) the decision to suspend the investigation is based on incomplete information provided by the operator.

Unreal information is made.

Nineteenth administrative organs and organizations authorized by laws and regulations that have functions of managing public affairs abuse administrative power and carry out actions to exclude or restrict competition. The competent price authorities of the government may make recommendations to the relevant authorities at higher levels according to law.

(1) stop forcing operators to engage in price monopoly;

(two) repeal the provisions that exclude and restrict price competition;

(three) the persons directly in charge and other persons directly responsible shall be punished according to law.

(four) other treatment recommendations for correcting abuse of administrative power.

In accordance with the provisions of laws and administrative regulations, the provisions of the administrative organs and the organizations authorized by laws and regulations to administer public affairs, abuse of administrative power, and disposal of exclusive or restrictive acts are otherwise stipulated.

The written documents, applications and other information submitted by the twentieth investigated persons to the government price department shall be signed and sealed by the legal representative, the person in charge of other organizations or individuals.

The twenty-first operator disagrees with the decision made by the government price department, and may apply for administrative reconsideration or initiate administrative litigation according to law.

The cases handled by the twenty-second price departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be submitted to the competent department of price under the State Council for record within 10 working days after the decision is made.

The entrusted government price department shall submit the relevant information and the final investigation report to the entrusting organ within 5 working days after the end of the investigation.

Twenty-third government officials in charge of price departments abuse their power, neglect their duties, engage in malpractices for selfish ends or disclose business secrets that are known in the process of law enforcement. If they constitute a crime, they shall be investigated for criminal responsibility according to law; if they do not constitute a crime, they shall be punished according to law.

The twenty-fourth article does not stipulate the procedures for investigating price monopoly behavior and the procedures for administrative punishment, and shall be implemented in accordance with the administrative punishment law of the People's Republic of China.

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The twenty-fifth provision is interpreted by the national development and Reform Commission.

The twenty-sixth Provisions come into effect on February 1, 2011.