A Set of Five Regulations to Effectively Implement the Anti-Monopoly Law
Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, Feb 28, 2011
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.