The draft antitrust method amendment will be second trial: further clarify the application of the anti -monopoly system on the platform

A spokesman for the Law and Industry Commission, Yang Heqing, said that the draft amendment of the Anti -Monopoly Law was intended to be submitted to the 35th meeting of the 13th National People's Congress Standing Committee for consideration.

It is understood that in October 2021, the thirty -first meeting of the Standing Committee of the National People's Congress conducted a initial review of the draft amendment to the Anti -Monopoly Law.

Yang Heqing said that according to the review opinions and opinions of the Standing Committee, the second review draft of the draft review was requested to make the following main modifications:

First, according to the latest practice of the reform of the antitrust law enforcement system, it is clear that the "State Council's antitrust law enforcement agency" is the law enforcement department of this law.

The second is to further clarify the specific applications of antitrust related systems in the field of platform economy.

The third is to improve the "safe port" rules of the monopoly agreement.

The fourth is to improve the concentrated investigation and processing procedures of operators who have not reached the application standards.

Fifth, specific requirements for the concentrated review work of the operator.

"The draft antitrust law amendments summarize the practice of antitrust law enforcement, learn from international experience, and further improve the rules of the anti -monopoly related system." Yang Heqing said, regarding the monopoly agreement:

The first is to increase the rules of the "safe port" and set up a monopoly agreement on the operator and the counterparty of the transaction, excluding the horizontal monopoly agreement set up between competitors. If the operator's market share is lower than the standards and conditions of the law, the law will not be prohibited, this is the "shelter" rules of the monopoly agreement.

The second is to increase the stipulation that the operator shall not organize other operators to reach a monopoly agreement or provide substantial help to other operators to reach a monopoly agreement, that is, some operators in practice do not directly participate, do not set up monopoly agreements, but organize others to others others Develop a monopoly agreement to prevent fair competition.

The third is to improve the rules of the vertical monopoly protocol. For vertical monopoly agreements reached by operators and transactions, the law can prove that the law does not have the effect of exclusion and restricting competition, and the law will not be prohibited.

Regarding the concentration of operators, Yang Heqing introduced that an investigation and processing procedure that has not met the concentration of operators who have not reached the application standards. For operators who have not met the declaration standard but have evidence to have or may have the concentration of competition effects, the State Council counter If the monopoly law enforcement agency may require the operator to declare, if the operator does not declare, the antitrust law enforcement agency shall investigate in accordance with the law. At the same time, the situation and notification requirements of the centralized review period of the operator's centralized review period were increased, and the centralized review procedures for the operator were standardized.

"In accordance with the Party Central Committee's decision -making and deployment of accelerating the construction of a national unified market, revise the draft cases require the State Council's antitrust law enforcement agencies to improve the centralized classification and classification review system, strengthen the review of operators involving important areas involved in national economy and people's livelihood in accordance with the law, and improve the quality of review quality And efficiency. "Yang Heqing said.

Reporter: Meng Wei

Editor: Gong Yixi

Responsible editor: Zhang Yuzhen

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