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Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Tuesday, March 8, 2011

A Set of Five Regulations to Effectively Implement the Anti-Monopoly Law

Posted by D. Daniel Sokol

Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau at the State Administration for Industry and Commerce, P.R.C. provides A Set of Five Regulations to Effectively Implement the Anti-Monopoly Law.

ABSTRACT: Antitrust laws are essential to a market economy. The effective
implementation of China's Anti-Monopoly Law ("AML") is of immense significance
for safeguarding fair competition, strengthening market dynamics and
competition, protecting the interests of consumers and the public, and promoting
the healthy development of the socialist market economy.

The State Administration for Industry and Commerce ("SAIC")-one of the
antitrust agencies designated by the State Council-has enacted a set of five
antirust regulations in order to guarantee the smooth implementation of the
AML.

On December 31, 2010, SAIC published a set of three substantive regulations
implementing the AML: the Regulation on the Industry and Commerce Authorities
Prohibiting Conduct Involving Monopoly Agreements ("SAIC Monopoly Agreements
Regulation"), the Regulation on the Industry and Commerce Authorities
Prohibiting Conduct Abusing a Dominant Market Position ("SAIC Abuse of Dominance
Regulation"), and the Regulation on the Industry and Commerce Authorities
Prohibiting Conduct Abusing Administrative Powers to Eliminate or Restrict
Competition ("SAIC Abuse of Administrative Powers Regulation"). These three
substantive regulations formally entered into force on February 1, 2011.

Prior to this, on May 26, 2009, SAIC published two regulations implementing
the AML's procedural aspects-i.e., the SAIC Regulation on the Procedure
for Preventing Conduct Abusing Administrative Powers to Eliminate or Restrict
Competition ("SAIC Administrative Powers Procedural Regulation") and the SAIC
Regulation on the Procedure for Investigation and Handling of Cases of Monopoly
Agreements and Abuses of a Dominant Market Position ("SAIC Agreements and Abuses
Procedural Regulation"). These two regulations became formally effective on July
1, 2009.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/03/a-set-of-five-regulations-to-effectively-implement-the-anti-monopoly-law.html

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