Anti -monopoly method has been modified with these new changes
Author:Xinhuanet Time:2022.06.24
Xinhua News Agency, Beijing, June 24 (Reporter Zhao Wenjun) The 35th meeting of the Standing Committee of the 13th National People's Congress voted on June 24 to pass the decision on modifying the antitrust law and implemented it on August 1, 2022. This is the first revision since the implementation of the Antitrust Law in 2008, aiming to maintain fair competition order and improve the unified, open, competitive, and orderly market system.
Wang Xiang, deputy director of the Economic Law Department of the Standing Committee of the National People's Congress Standing Committee, introduced that there were 25 amendments to the decision to further improve the rules of anti -monopoly related systems.
In terms of monopoly agreement, the first is to improve the rules of the vertical monopoly agreement. For vertical monopoly agreements reached by the operator and the counterparty, the operator can prove that it does not have the effect of exclusion and restricting competition, and it will not be prohibited. The second is to increase the rules of the safety port of monopoly agreement. For vertical monopoly agreements reached by the operator and the counterparty, the market share of the operator is lower than the prescribed standards and meets other relevant conditions. The third is to increase the regulations that operators shall not organize other operators to reach a monopoly agreement or provide substantial help for other operators to reach a monopoly agreement.
In terms of the concentration of operators, one is to improve the investigation and processing procedures for the concentrated investigation and processing procedures for operators who have not reached the application standards. For operators who have not met the declaration standard but have evidence that they have or may have the concentration of competition effects, the State Council counter Monopoly law enforcement agencies may require operators to declare; if operators do not declare, investigation shall be conducted in accordance with the law. Second, according to the centralized review of the operator, the "stop clock" system was added. The third is that the State Council's antitrust law enforcement agencies shall improve the centralized classification and classification review system, strengthen review of centralized reviews of operators involving important areas involving national economy and people's livelihood in accordance with the law, and improve the quality and efficiency of review.
Wang Xiang introduced that it has modified adherence to the problem -oriented and target orientation, handles the relationship between standardized and development, and at the same time grasps the characteristics and complexity of antitrust law as the positioning of basic laws and antitrust work, and improves the basic system in the law At the same time, it leaves room for formulating antitrust guidelines and other supporting regulations.
[Editor in charge: Wu Yongling]
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