China (August 1 2008): Difference between revisions

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New page: '''Score = INCOMPLETE''' ''Governed by:'' The Anti-monopoly Law of the People's Republic of China, adopted at the 29th meeting of the Standing Committee of the Tenth National People's Con...
 
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'''Score = INCOMPLETE'''
'''Score = 23'''


''Governed by:'' The Anti-monopoly Law of the People's Republic of China, adopted at the 29th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, effective as of August 1, 2008(hereinafter referred to as “Competition Act”).  
''Governed by:'' The Anti-monopoly Law of the People's Republic of China, adopted at the 29th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, effective as of August 1, 2008(hereinafter referred to as “Competition Act”).  
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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
| 0
| 1
|  
| Article 2 prohibits "conduct outside the territory of the People's Republic of China that has the effect of eliminating or restricting competition on the domestic market of China"


|- class="categorydivision"
|- class="categorydivision"
| Remedies
| Remedies
| Fines
| Fines
| 0
| 1
|  
| Article 46 allows for imposing fines.


|-
|-
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|  
|  
| Divestitures
| Divestitures
| 0
| 1
|  
| Article 48 allows for divestiture of improper mergers.


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 0
| 1
|
| Article 50 allows for civil liability to 3rd parties.
|-
|-
|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 0
| 1
|  
| Article 43 states that "the business operators and interested parties under investigation shall be entitled to make statements"


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Mandatory
| Mandatory
| 0
| 2
|  
| Article 21 requires merger notification.
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 0
| 3
|  
| Article 21 requires pre-merger notification.
|-
|-
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 0
| 1
|  
| Article 27 allow consideration of market share in merger assessment.
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 0
| 1
|  
| Article 3(3) prohibits "concentration of business operators that may have the effect of eliminating or restricting competition."  Article 28 prohibits "concentration of business operators will or may eliminate or restrict competition"
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 0
| 1
|  
| Article 28 allows an otherwise impermissible merger for "public interest" concerns.
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 0
| 1
|  
| Article 31 allows prohibition of otherwise permissible mergers due to national security concerns.
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 0
| 1
|  
| Article 27 allows consideration of the impact of a merger on technological progress,  national economic development, and on consumers
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
| Limits Access
| 0
| 1
|  
| Article 17(4) prohibits limiting access.
|-
|-
|  
|  
| Abusive Acts
| Abusive Acts
| 0
| 1
|  
| Article 3(2) and 17 prohibits abusive acts by dominant firms.  Article 6 states that "no business operator with dominant market position may abuse that dominant status to eliminate or restrict competition"


|-
|-
|  
|  
| Price Setting
| Price Setting
| 0
| 1
|
| Article 17(1) prohibits price fixing.  Article 17(2) prohibits predatory pricing.


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 0
| 1
|  
| Article 17(6) prohibits price discrimination.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0
| 1
|  
| Article 14(2) prohibits agreements "restricting the minimum price of commodities for resale to a third party"
|-
|-
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 0
| 1
|  
| Article 13(1) prohibits price fixing arrangements.
|-
|-
|  
|  
| Tying
| Tying
| 0
| 1
|  
| Article 17(5) prohibits tying by dominant firms.
|-
|-
|  
|  
| Market Division
| Market Division
| 0
| 1
|  
| Article 13(3) prohibits market division.
|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 0
| 1
|  
| Article 13(2) prohibits "restricting the production quantity or sales volume of commodities." 
|-
|-
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|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 0
| 1
|  
| Article 15 prohibits any "agreement reached shall not substantially restrict competition"
|-
|-
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|  
|  
| Supply Refusal
| Supply Refusal
| 0
| 1
|  
| Article 13(5) prohibits boycotts.
|-
|-
|  
|  
| Efficiency Defense
| Efficiency Defense
| 0
| 1
|  
| Article 15 allows consideration of numerous public interest and pro-competitive justifications for otherwise impermissible agreements.
|}
|}

Latest revision as of 04:09, 12 March 2008

Score = 23

Governed by: The Anti-monopoly Law of the People's Republic of China, adopted at the 29th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, effective as of August 1, 2008(hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 prohibits "conduct outside the territory of the People's Republic of China that has the effect of eliminating or restricting competition on the domestic market of China"
Remedies Fines 1 Article 46 allows for imposing fines.
Prison Sentences 0
Divestitures 1 Article 48 allows for divestiture of improper mergers.
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 1 Article 50 allows for civil liability to 3rd parties.
3rd Party Rights in Proceedings 1 Article 43 states that "the business operators and interested parties under investigation shall be entitled to make statements"
Merger Notification Voluntary 0
Mandatory 2 Article 21 requires merger notification.
Pre-merger 3 Article 21 requires pre-merger notification.
Post-merger 0
Merger Assessment Dominance 1 Article 27 allow consideration of market share in merger assessment.
Restriction of Competition 1 Article 3(3) prohibits "concentration of business operators that may have the effect of eliminating or restricting competition." Article 28 prohibits "concentration of business operators will or may eliminate or restrict competition"
Public Interest (Pro D) 1 Article 28 allows an otherwise impermissible merger for "public interest" concerns.
Public Interest (Pro Authority) 1 Article 31 allows prohibition of otherwise permissible mergers due to national security concerns.
Other 0
Efficiency 1 Article 27 allows consideration of the impact of a merger on technological progress, national economic development, and on consumers
Dominance Limits Access 1 Article 17(4) prohibits limiting access.
Abusive Acts 1 Article 3(2) and 17 prohibits abusive acts by dominant firms. Article 6 states that "no business operator with dominant market position may abuse that dominant status to eliminate or restrict competition"
Price Setting 1 Article 17(1) prohibits price fixing. Article 17(2) prohibits predatory pricing.
Discriminatory Pricing 1 Article 17(6) prohibits price discrimination.
Resale Price Maintenance 1 Article 14(2) prohibits agreements "restricting the minimum price of commodities for resale to a third party"
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 13(1) prohibits price fixing arrangements.
Tying 1 Article 17(5) prohibits tying by dominant firms.
Market Division 1 Article 13(3) prohibits market division.
Output Restraint 1 Article 13(2) prohibits "restricting the production quantity or sales volume of commodities."
Market Sharing 0
Eliminating Competitors 1 Article 15 prohibits any "agreement reached shall not substantially restrict competition"
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 Article 13(5) prohibits boycotts.
Efficiency Defense 1 Article 15 allows consideration of numerous public interest and pro-competitive justifications for otherwise impermissible agreements.

References

  1. ↑ http://china.tdctrade.com/content.aspx?data=CHINA_content_en&contentid=970099&src=CN_LawReg&w_sid=194&w_pid=630&w_nid=9927&w_cid=970099&w_idt=1900-01-01&w_oid=180&w_jid=
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