May 28, 2010

On May 25, 2010, the SAIC released drafts for comments of three regulations corresponding to the Anti-Monopoly Law for public feedback and comments, including the Provisions for Prohibiting Monopoly Agreements by Administrative Authorities for Industry and Commerce the Provisions for Prohibiting the Abuse of Dominant Market Position by the Administrative Authority for Industry and Commerce, and the Provisions for Banning the Abuse of Administrative Power to Eliminate or Restrict Competitive Activities.

Under the current Anti-Monopoly Law, the State Development and Reform Commission (SDRC), the Ministry of Commerce (MOC) and the SAIC are responsible for enforcing the law; specifically, the SDRC has the right of supervision and enforcement against monopolies of price, the MOC is responsible for ruling on the concentration of business operators, and the SAIC is responsible for eliminating monopoly agreements not involving price, for prohibiting the abuse of dominant market position, and for banning the abuse of administrative power to eliminate or restrict competitive activities. The above-mentioned drafts of the regulations provide more detailed rules based on the Anti-monopoly Law and more clearly define some terms such as “other coordinating acts” regarding a monopoly agreement and “reasonable excuse” regarding abuse of a dominating market role.

Watson & Band has focused on the legislation and practice in the field of anti-monopoly and anti-unfair competition and we are very experienced in both theory and practice. Watson & Band has invited relevant officials from the Enforcement Bureau of Anti-monopoly and Ant-unfair competition of the SAIC, officials from the MOC, and chief judges from the IP division of the Supreme People’s Court (SPC) to hold forums and seminars regularly.  If you need more information about the foresaid regulations or other rules and information related to the Anti-monopoly Law, please contact us by email at mail@watson-band.com.cn