(Released by rights) The Standing Committee of the National People's Congress on the decision to amend the "Anti -Monopoly Law of the People's Republic of China"

Xinhua News Agency, Beijing, June 24th.

The Standing Committee of the National People's Congress on the decision to amend the "Anti -Monopoly Law of the People's Republic of China"

(The 35th meeting of the Standing Committee of the 13th National People's Congress of the 13th National People's Congress on June 24, 2022)

The 35th meeting of the Standing Committee of the 13th National People's Congress decided to make the following modifications on the "Anti -Monopoly Law of the People's Republic of China":

1. Modify Article 4: "Anti -monopoly work adheres to the leadership of the Communist Party of China.

"The country adheres to the principle of marketization and the rule of law, strengthen the basic status of competitive policy, formulates and implement competitive rules that are compatible with the socialist market economy, improve macro -control, and improve a unified, open, competitive, and orderly market system."

2. Add one to Article 5: "The state establishes a sound and fair and fair competition review system.

"Organizations that administrative organs and laws and regulations have the functions of managing public affairs should conduct fair competition reviews when formulating regulations involving market entity economic activities."

3. Add one to Article 9: "The operator shall not use data and algorithms, technology, capital advantages, and platform rules to engage in monopoly behaviors prohibited in this law."

Fourth, add one, as the eleventh: "The country improves the system of antitrust rules, strengthens the anti -monopoly supervision force, improves the level of regulatory capacity and the modernization level of the regulatory system, strengthens the judicial law enforcement law of antitrust, and tries monopoly cases in accordance with the law. Law enforcement and judicial connection mechanisms to maintain fair competition order. "

5. Change the 10th to Article 13, and the first paragraph is revised to: "The State Council's antitrust law enforcement agency is responsible for the unified law enforcement work of antitrust."

6. Change Article 13, paragraph 2 to Article 16, and the first paragraph to Article 17.

7. Change the 14th to Article 18, add two paragraphs, as the second and third paragraphs: "For the agreement on the first and second paragraphs of the preceding paragraph, the operator can prove that it does not have exclusion If the competition effect is limited, it will not be prohibited.

"The operator can prove that its market share in the relevant market is lower than the standards stipulated by the State Council's antitrust law enforcement agencies and meets other conditions stipulated by the State Council's antitrust law enforcement agencies."

8. Add one to Article 19: "The operator shall not organize other operators to reach a monopoly agreement or provide substantial help for other operators to reach a monopoly agreement."

9. Change the 17th to Article 22 and add one as a second paragraph: "Operators with market dominance shall not use data and algorithms, technology, and platform rules to engage in abuse markets specified in the preceding paragraph. Acting in dominance. "

10. Reform Article 21 to Article 26, add two paragraphs, as the second and third paragraphs: "The operator has not met the declaration standard stipulated by the State Council, but there is evidence to prove that the operator concentrate Or maybe the effect of exclusion and restricting competition, the State Council's antitrust law enforcement agencies may require operators to declare.

"If the operator fails to declare in accordance with the previous two provisions, the State Council's antitrust law enforcement agencies shall investigate in accordance with the law."

11. Add one to Article 32: "For one of the following circumstances, the State Council's antitrust law enforcement agencies can decide to suspend the review period of the concentrated review of the operator and inform the operator in writing:

"(1) The operator did not submit the documents and materials in accordance with the regulations, which caused the censorship to be inaccessible;

"(2) A new situation and new facts that have a significant impact on the centralized review of the operator. Unsubled the review of the review;

"(3) It is necessary to further evaluate the restricted conditions of the operator's concentrated additional additional additions, and the operator's request for suspension is made.

"From the date of the suspension of the review period of the review period, the review period continues to be calculated, and the anti -monopoly law enforcement agency of the State Council shall notify the operator in writing."

12. Add one to Article 37: "The State Council's antitrust law enforcement agencies shall improve the centralized classification and classification review system, and strengthen the concentrated review of operators involving important areas involved in national economy and people's livelihood in accordance with the law to improve the quality and efficiency of review. "

13. Add one to Article 40: "Organs authorized by administrative agencies and laws and regulations shall not abuse administrative power by managing public affairs functions. Related markets or inequality treatment of other operators to eliminate and restrict competition. "

14. Add one to Article 54: "Anti -monopoly law enforcement agencies investigate suspected abuse of administrative power exclusion and restricting competition in accordance with the law. Relevant units or individuals should cooperate."

15. Add one to Article 55: "Organizations that have managed public affairs authorized by operators, administrative agencies, laws and regulations. Or the person in charge interview and ask them to propose improvement measures. "

16. Reform Article 46 to Article 56, and the first paragraphs are modified to: "If an operator violates the provisions of this Law and reaches and implements monopoly agreements, the antitrust law enforcement agency shall order to stop illegal acts and confiscate illegal laws. The income, which is fined by the previous year's sales of less than one percent percentage of less than 10 %. If there is no sales in the previous year, a fine of less than 5 million yuan will be imposed; Fined fines below 3 million yuan. The legal representative, principals and direct responsible persons of the operator's responsibility for reaching a monopoly agreement can be punished by a fine of less than one million yuan. "Added one as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, as a second, it is a second. Style: "If an operator organizes other operators to reach a monopoly agreement or provides substantial help for other operators to reach a monopoly agreement, the preceding paragraph is applicable."

Change the third paragraph to paragraph 4, and the "antitrust law enforcement agency can be imposed by a fine of less than 500,000 yuan" to "a fine of less than 3 million yuan from the anti -monopo law enforcement agency to make corrections".

Seventeen, change Article 48 to Article 58 to: "If the operator violates the provisions of this Law, it shall be concentrated and may have or may have the effect of exclusion and restricting competition. Implementation of centralized, limited shares or assets, asset transfer operations, and taking other necessary measures to be restored to the state before the concentration, which is fined below 10 % of the year sales; Fined fines below 10,000 yuan. "

18. Reform Article 50 to Article 60 and add one, as the second paragraph: "If an operator implements monopoly behaviors and harms the public interests of social public interest, the people's procuratorate at or above the municipal level may follow the people's court in accordance with the law to the people's court according to law. Bill a civil public interest lawsuit. "

19. Change the 51st to Article 61. In the first paragraph, the "administrative organs and laws and regulations authorized by laws and regulations shall have a written report on the ritual of the correction situation. Monopoly law enforcement agency. "

20. Change the 52nd to Article 62. Among them, the "fines of less than 20,000 yuan for individuals can be fined by the unit, and the unit can be punished by a fine of less than 200,000 yuan; if the circumstances are serious, The fines of more than 100,000 yuan and 100,000 yuan, a fine of more than one million yuan or less than one million yuan for the unit; if a crime is constituted, the criminal responsibility is investigated in accordance with the law " If there is no sales or sales in the previous year without sales or sales of the previous year, a fine of less than 5 million yuan; a fine of less than 500,000 yuan for the individual office. "

Twenty -one, add one, as the 63rd Article 63: "In violation of the provisions of this Law, the circumstances are particularly serious, the impact is particularly bad, and caused particularly serious consequences, the anti -monopoly law enforcement agency of the State Council can Article 57, Article 58, and Article 62 The amount of fines stipulated in Article 52 will determine the amount of specific fines. "

Twenty -two, add one, as the 64th: "If an operator is punished by administrative penalties for violation of the provisions of this Law, it is recorded in accordance with relevant national regulations and publicized it to the society."

Twenty -three, change Article 54 to Article 66, and modify it to: "The staff of the antitrust law enforcement agency abuses their powers, neglects their duties, missed their duties, or disclose business secrets, personal privacy and individuals in the process of leakage law enforcement. For information, punishment is given according to law. "

Twenty -four, add one, as Article 67: "If you violate the provisions of this Law and constitute a crime, criminal responsibility shall be investigated in accordance with the law."

Twenty -five, make the following amendments to some provisions:

(1) Increased "encouraging innovation" after the "protecting market fair competition" in Article 1.

(2) Change Article 11 to Article 14, and add "compliance management" after "guiding operators in the industry in accordance with the law".

(3) Reform Article 12 to Article 15, and the "other organizations" in paragraphs are modified into "unincorporated organizations".

(4) Change Article 15 to Article 20, and the "Article 13 and 14 of this Law" is modified to "Article 17, Article 18, Article 17, Article 18 of this Law Article 19 ".

(5) Article 34 to Article 42, the "rejection or restricting foreign operators participating in local bidding and bidding activities" is modified to "exclude or restrict operators to participate in bidding and bidding and other business activities."

(6) Article 35 to Article 43, the "exclusion or restricting foreign operators investing or setting a branch in local investment or establishment of branches" is modified to "exclusion, restrictions, forced or disguised forced foreign operators in the local area in the local area. Investment or establishment of branches. "

(7) Article 36 to Article 44, the "mandatory operator engaged in the monopoly behavior stipulated in this Law" was modified to "mandatory or disguised mandators engaged in the monopoly behavior stipulated in this law".

(8) Change Article 37 to Article 45, and add "organizations that have managed public affairs with laws and regulations" after the "administrative agency".

(9) Article 41 to Article 49, add "personal privacy and personal information" after the "business secrets", and modify the "confidentiality obligation" to "confidentiality obligations in accordance with the law".

(10) Article 49 to Article 59, the "nature, degree, and duration of time" of which is revised to "nature, degree, duration, and eliminating the consequences of illegal behavior".

This decision will be implemented from August 1, 2022.The "Anti -Monopoly Law of the People's Republic of China" is modified accordingly according to this decision and adjusted according to the order order.

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