Antitrust & Competition Policy Blog

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

Monday, March 7, 2011

NDRC's Antitrust Practice

Posted by D. Daniel Sokol

Zhou Zhigao & Wan Jiang (National Development and Reform Commission, P.R.C.) discusses NDRC's Antitrust Practice.

ABSTRACT: Over two years have passed since the Anti-Monopoly Law ("AML") entered into
effect on August 1, 2008. According to the AML and related provisions issued by
the State Council, the National Development and Reform Commission ("NDRC"), the
Ministry of Commerce ("MOFCOM"), and the State Administration for Industry and
Commerce ("SAIC") were all appointed as antitrust enforcement authorities in
China. Among those authorities, NDRC is responsible for investigating and
sanctioning price monopoly conduct in accordance with the law, including price
monopoly agreements and abuses of a dominant market position by companies, or
abuses of administrative powers to eliminate or restrict competition.

Within NDRC, the Department of Price Supervision has assumed responsibilities
for antitrust policy and enforcement. At the same time, in accordance with the
related provisions of the AML, NDRC has already delegated powers to the price
authorities at the provincial level throughout the country. This delegation
allows the provincial authorities to carry out the anti-price monopoly
enforcement work within their respective administrative jurisdictions in
accordance with the provisions of the AML, and to cooperate with NDRC in their
anti-price monopoly investigations. Thus, a two-level anti-price monopoly
enforcement system has been established at the national and provincial

In addition, NDRC and the provincial departments may further delegate powers
within their respective fields of authority to the price departments at a lower
level of government to carry out investigations in relation to specific cases of
suspected price monopoly conduct.

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