Chapter 5 Fangs Section 83 New Methods of Shipbuilding
The state protects the legitimate business activities of the operators of industries in which the state-owned economy has a dominant position and has a bearing on the lifeline of the national economy and national security, as well as industries in which monopoly is practiced in accordance with the law, and supervises and regulates the business activities of the operators and the prices of their goods and services in accordance with the law, so as to safeguard the interests of consumers and promote technological progress. Pen % fun % Pavilion www.biquge.info
The operators of the industries provided for in the preceding paragraph shall operate in accordance with the law, be honest and trustworthy, exercise strict self-discipline, accept the supervision of the public, and must not use their controlling position or monopoly position to harm the interests of consumers.
Article 8: Administrative organs and organizations authorized by laws and regulations to administer public affairs must not abuse their administrative power to eliminate or restrict competition.
Article 9: An anti-monopoly committee shall be established ****** be responsible for organizing, coordinating, and guiding anti-monopoly work, and performing the following duties:
(1) To study and formulate relevant competition policies;
(2) Organizing investigations and assessing the overall competitive situation in the market, and issuing assessment reports;
(3) Formulating and issuing anti-monopoly guidelines;
(4) Coordinating anti-monopoly administrative law enforcement work;
(5) Other duties as provided for in ******.
The composition and working rules of the Anti-Monopoly Commission shall be prescribed by the ******.
Article 10: The institutions responsible for anti-monopoly law enforcement as provided for in the ****** (hereinafter collectively referred to as ******anti-monopoly law enforcement agencies) shall be responsible for anti-monopoly law enforcement work in accordance with the provisions of this Law.
As needed for their work, anti-monopoly law enforcement agencies may authorize the corresponding agencies of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to be responsible for relevant anti-monopoly law enforcement work in accordance with the provisions of this Law.
Article 11: Industry associations shall strengthen industry self-discipline, guide business operators in their respective industries to compete in accordance with the law, and maintain the order of market competition.
Article 12: "Business operators" as used in this Law refers to natural persons, legal persons, and other organizations engaged in the production or sale of commodities or the provision of services.
"Relevant market" as used in this Law refers to the scope and geographical scope of commodities in which business operators compete for specific goods or services (hereinafter collectively referred to as "commodities") within a certain period of time.
Chapter II: Monopoly Agreements
Article 13 prohibits business operators with competitive relationships from entering into the following monopoly agreements:
(1) Fixing or changing the price of goods;
(2) Restricting the quantity of goods produced or sold;
(C) the division of the sales market or raw material procurement market;
(4) Restricting the purchase of new technologies or equipment, or restricting the development of new technologies or products;
(5) boycott transactions;
(6) Other monopoly agreements identified by ****** anti-monopoly law enforcement agencies.
"Monopoly agreement" as used in this Law refers to an agreement, decision, or other concerted act that excludes or restricts competition.
Article 14 prohibits undertakings from entering into the following monopoly agreements with their trading counterparts:
(1) fixing the price of commodities for resale to a third party;
(2) Limiting the minimum price of commodities for resale to third parties;
(3) Other monopoly agreements identified by ****** anti-monopoly law enforcement agencies.
Article 15: The provisions of Articles 13 and 14 of this Law do not apply where business operators can prove that the agreement reached falls under any of the following circumstances:
(1) For the purpose of improving technology or researching and developing new products;
(2) In order to improve product quality, reduce costs, and increase efficiency, unify product specifications and standards, or implement specialized division of labor;
(3) In order to improve the operational efficiency of small and medium-sized business operators and enhance the competitiveness of small and medium-sized business operators;
(4) For the realization of social public interests such as energy conservation, environmental protection, disaster relief, etc.;
(5) Due to the economic downturn, in order to alleviate the serious decline in sales or obvious overproduction;
(6) For the purpose of safeguarding legitimate interests in foreign trade and foreign economic cooperation;
(7) Other circumstances provided for by laws and ******.
Where the provisions of articles 13 and 14 of this Law do not apply in the circumstances of items 1 through 5 of the preceding paragraph, the proprietors shall also prove that the agreement reached will not seriously restrict competition in the relevant market and will enable consumers to share in the benefits arising therefrom.
Trade associations must not organize business operators in their own industries to engage in monopolistic acts prohibited by this Chapter.
Chapter 3 Abuse of Dominant Market Position
Article 17: Business operators with a dominant market position are prohibited from engaging in the following acts of abusing a dominant market position:
(1) Selling goods at unfairly high prices or purchasing goods at unfairly low prices;
(2) Selling goods at a price lower than cost without justifiable reasons;
(3) Refusing to conduct transactions with trading counterparties without legitimate reasons;
(4) Restricting trading counterparties to only conduct transactions with them or with designated business operators without legitimate reasons;
(5) Tie in the sale of commodities without justifiable reasons, or attach other unreasonable trading conditions to the transaction;
(6) Differentiating between trading counterparts with the same conditions in terms of transaction prices and other trading conditions without legitimate reasons;
(7) Other acts of abuse of dominant market position as determined by ****** anti-monopoly law enforcement agencies.
"Dominant market position" as used in this Law refers to a market position in which a business operator has the ability to control the price, quantity or other trading conditions of commodities in the relevant market, or to hinder or influence the ability of other business operators to enter the relevant market.
Article 18: The determination that a business operator has a dominant market position shall be based on the following factors:
(1) The business operator's market share in the relevant market, as well as the competitive situation in the relevant market;
(2) the ability of the business operator to control the sales market or the raw material procurement market;
(3) the financial and technical resources of the operator;
(4) the degree to which other business operators relied on that business operator in the transaction;
(5) the degree of difficulty for other business operators to enter the relevant market;
(6) Other factors related to the determination of the operator's dominant market position.
Article 19: In any of the following circumstances, it may be presumed that a business operator has a dominant market position:
(1) A business operator's market share in the relevant market reaches one-half;
(2) The combined market share of the two business operators in the relevant market reaches two-thirds;
(3) The total market share of the three undertakings in the relevant market reaches three-quarters.
In the circumstances provided for in items (2) and (3) of the preceding paragraph, where some of the undertakings have less than one-tenth of the market share, it shall not be presumed that the undertakings have a dominant market position.
Where a business operator presumed to have a dominant market position has evidence proving that it does not have a dominant market position, it shall not be found to have a dominant market position.
Chapter IV: Concentration of undertakings
Article 20 Concentration of undertakings refers to the following situations:
(1) Merger of undertakings;
(2) Where a business operator obtains control over another business operator by acquiring equity or assets;
(3) The undertaking obtains control over other undertakings through contracts or other means, or is able to exert decisive influence on other undertakings.
Article 21: Where the concentration of undertakings meets the reporting standards provided for in ******, the undertakings shall make a declaration to the ****** anti-monopoly law enforcement agency in advance, and where they fail to do so, they shall not carry out the concentration.
Article 22 In any of the following circumstances, a concentration of undertakings may not be declared to the ****** anti-monopoly law enforcement agency:
(1) One of the undertakings participating in the concentration owns more than 50 percent of the shares or assets of each other undertaking with voting rights;
(2) More than 50 percent of the voting shares or assets of each undertaking participating in the concentration are owned by the same undertaking that does not participate in the concentration.
Article 23: Business operators shall submit the following documents and materials to the ****** anti-monopoly law enforcement agencies to apply for concentration:
(1) The declaration form; (To be continued.) )