Article 1: In order to prevent monopoly agreements in economic activities, these regulations are formulated in accordance with the Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the "Anti-Monopoly Law"). Article 2: Operators are prohibited from entering into monopoly agreements in economic activities.
Monopoly agreements refer to those that violate the provisions of Articles 13, 14 and 16 of the Anti-Monopoly Law and are reached between operators or an industry association organizes operators in the industry to reach Agreements, decisions or other concerted actions that eliminate or restrict competition.
The agreement or decision may be in written or oral form.
Other concerted behavior refers to the fact that although operators have not explicitly entered into a written or oral agreement or decision, there is substantial coordinated behavior. Article 3 When determining other coordinated behaviors, the following factors shall be considered:
(1) Whether the market behavior of operators is consistent;
(2) Whether there has been any previous conduct between operators Communication or information exchange;
(3) Whether the operator can provide a reasonable explanation for the consistent behavior.
When identifying other coordinated behaviors, the structure, competition, market changes, industry conditions, etc. of the relevant market should also be considered. Article 4 Competitive operators are prohibited from reaching the following monopoly agreements to limit the production quantity or sales quantity of goods:
(1) Restricting the production quantity of goods by limiting output, fixing output, stopping production, etc. Or limit the production quantity of specific varieties or models of goods;
(2) Restrict the sales quantity of goods or limit the sales quantity of specific varieties or models of goods by refusing to supply, limiting the quantity of goods put in, etc. Article 5: Competing operators are prohibited from entering into the following monopoly agreements to divide the sales market or the raw material procurement market:
(1) Divide the product sales area, sales objects, or the types and quantities of the products sold;
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(2) Divide the procurement areas, types, and quantities of raw materials, semi-finished products, parts, related equipment and other raw materials;
(3) Divide the raw materials, semi-finished products, parts, related equipment and other raw materials of suppliers. Article 6 Competitive operators are prohibited from entering into the following monopoly agreements to restrict the purchase of new technologies and new equipment or the development of new technologies and new products:
(1) Restrictions on the purchase and use of new technologies and new processes ;
(2) Restrictions on the purchase, lease, and use of new equipment;
(3) Restrictions on investment and research and development of new technologies, new processes, and new products;
(4) Refuse to use new technologies, new processes, and new equipment;
(5) Refuse to adopt new technical standards. Article 7 Competing operators are prohibited from entering into the following monopoly agreements regarding boycott transactions: (1) Jointly refusing to supply or sell goods to specific operators;
(2) ) Jointly refuse to purchase or sell goods from specific operators;
(3) Jointly restrict specific operators from conducting transactions with operators with whom they have a competitive relationship. Article 8 Other monopoly agreements not expressly provided for in these regulations, except price monopoly agreements, shall be determined by the State Administration for Industry and Commerce in accordance with the law. Article 9 prohibits industry associations from organizing operators in the industry to engage in monopoly agreements prohibited by these regulations in the following ways:
(1) Formulating and publishing industry association charters and rules that exclude or restrict competition, Decisions, notices, standards, etc.;
(2) Convene, organize or promote operators in the industry to reach agreements, resolutions, minutes, memorandums, etc. that contain content that eliminates or restricts competition. Article 10 If an operator violates the provisions of Articles 4 to 8 of these Regulations and reaches and implements a monopoly agreement, the industrial and commercial administration authorities shall order it to cease illegal activities, confiscate illegal gains, and impose a fine of more than 1% of the previous year's sales. A fine of not more than 10% may be imposed; if the monopoly agreement reached has not been implemented, a fine of not more than 500,000 yuan may be imposed.
If an industry association violates the provisions of Article 9 of these Regulations and organizes operators in the industry to reach a monopoly agreement, the industrial and commercial administration authorities may impose a fine of not more than 500,000 yuan; if the circumstances are serious, the industrial and commercial administration authorities may The management agency may request the social group registration management agency to cancel the registration in accordance with the law.
When determining the specific amount of a fine, the industrial and commercial administrative authorities shall consider factors such as the nature, circumstances, extent, and duration of the illegal act.
If operators collude among themselves or industry associations organize operators to collude, and a monopoly agreement has not yet been reached, the industrial and commercial administrative authorities shall promptly stop it.
If an operator voluntarily terminates the monopoly agreement, the industrial and commercial administration authorities may reduce or exempt the operator from penalties as appropriate. Article 11: If an operator proactively reports to the industrial and commercial administration authorities the relevant circumstances of the monopoly agreement and provides important evidence, the industrial and commercial administrative authorities may, as appropriate, reduce or exempt the operator from penalties.
The decision of the industrial and commercial administration to reduce or exempt from punishment shall be determined based on the time sequence of the operator's voluntary reporting, the importance of the evidence provided, the relevant circumstances of reaching and implementing the monopoly agreement, and the cooperation with the investigation.
Important evidence refers to evidence that can initiate an investigation by the industrial and commercial administration or play a key role in determining the conduct of a monopoly agreement, including the operators participating in the monopoly agreement, the scope of products involved, and the content of the agreement. and methods, the specific implementation of the agreement, etc.