Ancillary Provisions for Chinese Anti-Monopoly Law Promulgated
To facilitate the implementation of the Anti-Monopoly Law of the PRC which came into force on 1 August 2008, the State Administration of Industry and Commerce of the PRC (SAIC) issued on 31 December 2010 three ancillary administrative regulations, namely, the Provisions for Prohibition by Administrative Authorities for Industry and Commerce against Monopolistic Agreement Acts, Provisions for Prohibition by Administrative Authorities for Industry and Commerce against the Abuse of a Dominant Market Position, and Provisions for Prohibition by Administrative Authorities for Industry and Commerce against Abuse of Administrative Powers to Eliminate or Restrict Competition.
Prior to these on 29 December 2010, the Provisions on Anti-Price Monopoly and Provisions on the Administrative Procedures for Law Enforcement against Price Fixing were issued by the National Development and Reform Commission of the PRC.
These new provisions, all effective on 1 February 2011, address both substantive and procedural issues including: constitution and legal liability of price monopoly acts, procedures for enforcement against price monopoly, price monopolistic agreement acts, abuse of dominant market position, and misuse of administrative power to restrict competition.
Furthermore, it is reported that SAIC has been working on the Guidelines on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights, which concern substantive issues related to anti-monopoly enforcement such as IP licensing, tie-in sales, patent pool, standards formulation and implementation.
