①violate the competitive and open characteristics of the market economy
②impede the free flow of commodities and all kinds of factors throughout the country and full competition
implement a unified market supervision, clean up and abolish all kinds of regulations and practices that impede a unified market and fair competition throughout the country, and strictly prohibit and punish all kinds of behaviors that violate the law in implementing preferential policies, opposing local protection, monopolization and unfair competition, and establishing fair, open and transparent market rules. Regional blockade and industry monopoly behavior interferes with and undermines the establishment of a unified market system, preventing the market from playing a decisive role in the allocation of resources, and must be resolutely curbed and combated, in order to effectively maintain and develop a fair and orderly socialist market economy system.
Focus on the rectification of regional blockade and industry monopoly behavior
(a) prohibit all levels of government and relevant departments, the relevant units in any form of regional blockade. Focus on rectifying the following acts:
1, with local enterprises, other economic organizations or individuals to take unequal treatment and other ways to restrict or exclude foreign enterprises, other economic organizations or individuals in the local law and regulations to invest or set up branches.
2. Setting up barriers through fiscal and taxation policies and measures to restrict the normal relocation of enterprises;
3. Restricting, in any way, or in disguise restricting, units or individuals to operate, purchase, or use only locally-produced products, or to accept only the services provided by local enterprises, designated enterprises, other economic organizations or individuals.
4, set up barriers on roads, stations, ports, airports or the borders of this administrative region to impede or restrict the entry of foreign products or the transportation of local products.
5. Setting discriminatory charges for foreign products or services, stipulating discriminatory prices, or applying discriminatory tariffs.
6, products or services from abroad to adopt different technical requirements, testing standards, or products from abroad to take repeated testing, repeated certification and other discriminatory technical measures to restrict the entry of foreign products or services into the local market.
7, specifically for foreign products or services, franchises, monopolies, approvals, licensing means, the implementation of discriminatory treatment, to restrict the entry of foreign products or services into the local market.
8. Restricting or excluding foreign enterprises, other economic organizations or individuals from participating in local bidding activities by setting discriminatory qualification requirements, evaluation standards or not releasing information in accordance with the law.
9. Implementing financial subsidies for local protection by violating regional tax preferences or discriminating against foreign enterprises in accordance with national tax laws and regulations.
10, the implementation of regional blockade of other behavior.
(2) Prohibit public enterprises such as water supply, electricity supply, gas supply, postal service, telecommunications, transportation, radio and television, finance, insurance and other public enterprises and enterprises with exclusive status according to law, and industry associations to implement industry monopoly in any form. Focus on rectifying the following behaviors:
1. Restricting users and consumers to purchase and use only the relevant commodities provided by them or commodities produced or sold by operators designated by them, but not to purchase and use similar commodities provided by other operators in compliance with technical standards.
2. Forcing users and consumers to purchase unnecessary goods and accessories provided by it or by its designated operators.
3. Restricting users and consumers from purchasing and using goods provided by other operators that meet the technical standards on the pretext of testing the quality and performance of the goods.
4. Refusing, interrupting, delaying or reducing the supply of relevant commodities or imposing additional charges on users or consumers who do not accept their unreasonable demands, or on units or individuals whose competitive behavior is restricted.
5. An industry association organizes operators in its industry to engage in monopolistic practices such as limiting prices, restricting the quantity of goods produced or sold, dividing the market, and jointly boycotting transactions.
6, the implementation of other acts of monopoly in the industry.
Third, the implementation of regional blockade and other acts of industry monopoly
In addition to remediation of the focus of the acts listed, regional blockade also includes the government or certain departments authorized by the government to issue documents and orders, etc., expressly prohibit or restrict the entry of foreign products into the local market or to force the commercial enterprises and other sectors to buy and sell local products, forced or restricted local enterprises to purchase, use of products produced in the region, and other acts. products, etc.
The industry monopoly referred to includes both monopolistic behavior regulated by the Anti-Monopoly Law and restrictive behavior regulated by the Anti-Unfair Competition Law. In addition to the behaviors listed in the Rectification Priorities, the industry monopoly behaviors also include: 1. The following behaviors engaged in by an operator with a dominant position in the market (1) Selling goods at an unfairly high price or purchasing goods at an unfairly low price (2) Selling goods at a price lower than the cost without a justifiable reason (3) Refusing to conduct transactions with the counterparty without a justifiable reason (4) Restricting the counterparty to conduct transactions only with the counterparty or to conduct transactions only with the counterparty without a justifiable reason. (4) Without justifiable reasons, restricting the counterparty to trade only with him/her or only with his/her designated operator (5) Without justifiable reasons, selling commodities by the side of the counterparty or attaching other unreasonable trading conditions to the trade (6) Without justifiable reasons, discriminating between counterparties with the same conditions in terms of trading prices and other trading conditions; 2. Operators in a competitive relationship reaching the following monopoly agreements: (1) fixing or changing the price of commodities (2) restricting the price of commodities (3) refusing to trade with the counterparty without justifiable reasons Commodity prices (2) limit the number of commodities produced or sold (3) split the sales market or raw material procurement market (4) limit the purchase of new technology, new equipment or limit the development of new technology, new products (5) joint boycott of the transaction; 3. unlawful implementation of the conduct of the operator concentration.
Four, the division of responsibilities
City, district and county (autonomous county) people's government is responsible for the relevant provisions of the regional blockade at this level according to law to be withdrawn, and organize the relevant departments of the local
Regional blockade behavior to investigate and deal with. Municipal Bureau of Industry and Commerce is responsible for monopoly agreements, abuse of dominant market position, abuse of administrative power to exclude and restrict competition in the anti-monopoly law enforcement (except price monopoly) and public enterprises to restrict competition investigation and handling; the Municipal Commission of Commerce is responsible for anti-monopoly review of the concentration of operators in accordance with the law; the Municipal Bureau of Price Control is responsible for anti-price monopoly law enforcement.