On April 6, the State Administration for Market Regulation issued 4 supporting regulations for the Anti - monopoly Law, which are expected to come into force officially on April 15. These 4 regulations are the Provisions on Curbing the Abuse of Administrative Power to Exclude or Restrict Competition, the Provisions on Prohibiting Monopoly Agreements, the Provisions on Prohibiting the Abuse of Dominant Market Position, and the Provisions on the Review of Concentrations of Undertakings.
These supporting regulations will further clarify the implementation standards and law enforcement requirements of the Anti - monopoly Law, as well as the penalties for violations. Among them, the Regulations on Curbing the Abuse of Administrative Power to Exclude or Restrict Competition has a total of 31 articles, which refine the manifestations of illegal acts, and at the same time add relevant content on the connection between administrative discipline and law enforcement interviews to ensure the transparency and fairness of law enforcement.
The Regulations on Prohibiting Monopoly Agreements has a total of 51 articles, mainly further clarifying the identification standards for competitive relationships and improving the relevant regulations in the digital economy field. At the same time, for vertical monopoly agreements, the identification rules are refined, the investigation procedures are further regulated, and the legal liabilities are improved.
The Regulations on Prohibiting the Abuse of Dominant Market Position has a total of 45 articles, mainly focusing on improving the anti - monopoly system and rules in the platform economy field. At the same time, the identification rules for the abuse of dominant market position are improved, the investigation procedures are further refined, and the legal liabilities are improved.
The Regulations on the Review of Concentrations of Undertakings has a total of 78 articles, mainly by consolidating the achievements of the amendment of the Anti - monopoly Law, clarifying the application rules of relevant systems, improving the classified and hierarchical review system, and improving the efficiency of anti - monopoly review. At the same time, the legal boundaries of important concepts are clarified, the responsibilities and obligations of relevant subjects are specified to improve the effectiveness of law enforcement. Finally, the legal liabilities are improved to further enhance the deterrence effect.
In addition, the Interim Regulations on Prohibiting Monopoly Agreements, the Interim Regulations on Prohibiting the Abuse of Dominant Market Position, the Interim Regulations on Curbing the Abuse of Administrative Power to Exclude or Restrict Competition promulgated by the State Administration for Market Regulation on June 26, 2019, and the Interim Regulations on the Review of Concentrations of Undertakings promulgated on October 23, 2020 are also repealed at the same time. This means that the new supporting regulations of the Anti - monopoly Law will be an important basis for future anti - monopoly law enforcement.
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