Henan's commandment letter, the operator reached and implemented a maximum fine of 5 million yuan

[Dahecai Cube News] On September 20, the Henan Provincial Market Supervision and Administration Bureau News. letter.

According to the letter, if the operator reached and implemented a monopoly agreement, the antitrust law enforcement agency ordered the suspension of illegal acts, confiscated illegal income, and fined the previous year's sales of 1%or less. For the amount, a fine of less than 5 million yuan; the monopoly agreement reached that has not yet been implemented, a fine of less than 3 million yuan (special reminder: sales does not refer to the sales of the goods involved, but the total sales of the operator). If the operator's legal representative, the principals, and the person in charge of the direct responsibility shall be responsible for reaching a monopoly agreement, the antitrust law enforcement agency may impose a fine of less than 1 million yuan.

If an industry association organizes a monopoly agreement, antitrust law enforcement agencies may impose fines of less than 3 million yuan in it; if the circumstances are serious, the social organization registration management authority can revoke the registration in accordance with the law.

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Henan Provincial Market Supervision Administration

Anti -monopoly reminder warning letter in key industry fields

All relevant industry associations (chambers of commerce) and operators in the province:

Monopoly behaviors not only disrupt the market order of fair competition, but also harm consumers' interests and social public interests, but also bring high fines and possible civil compensation to the operators themselves. Investigation and handling, civil liability and even criminal responsibility. Operators strengthen antitrust compliance management, effectively identify and prevent monopoly illegal acts, can reduce the probability and risk of illegal illegal. In recent years, the awareness of anti -monopoly and compliance in various industries in the province has gradually increased, and the business environment of fair competition has gradually improved. However, for a period of time, complaints and reports of suspected monopoly behavior in some industries in the province have increased, suspected of monopoly illegal issues have been frequent, and some have gradually formed the risk of industry and domain monopoly illegal risks.

In order to enhance the awareness of antitrust and compliance in the relevant industry field, and enhance the ability to prevent and resolve the risk of monopoly illegal risks, in accordance with the newly revised "Anti -Monopoly Law of the People's Republic of China" (hereinafter referred to as the "Anti -Monopoly Law") The following reminders and warning:

1. Relevant prohibition regulations

According to the "Anti -Monopoly Law of the People's Republic of China", the General Administration of Market Supervision The "Interim Provisions on the Prohibition of Monopoly Agreement" and "Interim Provisions on the Out of Out of Marketing Disposure Status", combined with the "Guidelines for Anti -Monopoly Compliance Compliance in Henan Provincial Operators" and "Henan Province" issued by our province "Industry Association Anti -Monopoly Compliance Guidelines", various industry associations (chambers of commerce) and operators shall follow the following regulations:

(1) Operators with competitive relationships shall not reach the following monopoly agreements: 1. Fixed or changing goods or service price levels, price changes and range, profit level or other price factors such as discounts, handling fees, rebate returns, etc. The autonomous pricing power of the operator of the agreement. 2. Limit the production quantity of commodities, or restrict the production quantity of specific varieties and models by restricting production, fixed output, stop production, etc.; Sales. 3. Divide the regional, market share, sales objects, sales revenue, sales profit or sales of goods; the types, quantities, and time of sales of goods; supplier. 4. Jointly refuse to supply or sell goods to specific operators; jointly refuse to purchase or sell products for specific operators; joint limited limited operators shall not trade with their competitive operators.

(2) The operator and transaction counterparty shall not reach the following monopoly agreement: 1. The price level, price change and range, profit margin, or discount, handling fees, rebate and other price factors such as fixed to third parties to the third party Essence 2. Limited to the minimum price of resolding products to third parties, or limited the price change range and range, profit margin, or discount, handling fees, and other price factors to resold the minimum price to third parties.

(3) Industry associations should strengthen industry self -discipline, guide operators in the industry to compete in accordance with the law, operate compliantly, and maintain the market competition order. Do not call, organize or promote members (operators) to reach an agreement, resolution, minutes, memo, etc. containing exclusion and restrictions on the content of competition. In the association's articles of association, rules, decisions, notifications, and formulation, it should avoid the contents of the exclusion and restriction of competition in self -discipline or other names fixed or changing commodity prices, restricting the number of commodities, dividing sales markets, and joint resolution of transaction objects.

(4) Operators with market dominance shall not abuse market dominance and eliminate and restrict competition: 1. Formulate the purchase price of over -high commodity sales prices or too low commodities. 2. Sell products at a price of no justified reasons. 3. No justified reasons to reject the transaction, especially the necessary facilities for other operators to use the use of production and operation activities. The raw materials have a market dominance operator when selling raw materials to sell or sell the finished product produced by the downstream operator as a condition in disguise, or to reject transactions in disguise, or to reach a monopoly agreement with downstream operators and implement fixed finished prices. 4. Without justified reasons to limit trading counterparts can only be traded in specific areas or with specific objects. 5. There are no reasonable reasons to sell goods or services, or add other unreasonable trading conditions during the transaction. 6. Without justified reasons, provide different product prices or other differential treatment to the counterparty. (5) The operator shall not use data and algorithms, technology, capital advantages, and platform rules to engage in monopoly behaviors prohibited by antitrust law.

2. Regulations on monopoly behavior punishment

(1) Punishment of monopoly agreement behavior. If the operator reaches and implements the monopoly agreement, the antitrust law enforcement agency shall order to stop illegal acts, confiscate illegal income, and impose a fine of 1%or less than 10%of the previous year. If the monopoly agreement reached by 10,000 yuan has not been implemented, a fine of less than 3 million yuan may be imposed (special tips: sales does not refer to the sales of the goods involved, but the total sales of the operator). If the operator's legal representative, the principals, and the person in charge of the direct responsibility shall be responsible for reaching a monopoly agreement, the antitrust law enforcement agency may impose a fine of less than 1 million yuan. If an industry association organizes a monopoly agreement, antitrust law enforcement agencies may impose fines of less than 3 million yuan in it; if the circumstances are serious, the social organization registration management authority can revoke the registration in accordance with the law.

(2) Punishment of the abuse of market dominance. If an operator implements the abuse of market dominance, the antitrust law enforcement agency shall order it to stop illegal acts, confiscate illegal income, and impose a fine of less than 1%of the previous year's sales.

3. Rectification requirements

All relevant industry associations (chambers of commerce) and operators shall strictly abide by the provisions of laws and regulations such as the "Anti -Monopoly Law of the People's Republic of China", consciously strengthen the sense of social responsibility, effectively strengthen the management of antitrust self -discipline, and conscientiously compare the relevant content of this prompt, and immediately carry out the development Self -inspection and rectification work. Our bureau will further strengthen supervision and investigate and punish the suspected monopoly illegal acts in accordance with laws and regulations such as the "Anti -Monopoly Law of the People's Republic of China".

September 9, 2022

Responsible editor: Gao Shuai | Review: Li Zhen | Director: Wan Junwei

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