China (1993, 1997): Difference between revisions

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New page: China Score = 9 Efficiency Defense: 0; Merger Efficiency: 0; Merger PI Pro D: 0 Governed by: The Price Law of the People’s Republic of China of December 29, 1997<ref>News Guangdong websi...
 
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China
'''Score = 8'''
Score = 9
Efficiency Defense: 0; Merger Efficiency: 0; Merger PI Pro D: 0
Governed by: The Price Law of the People’s Republic of China of December 29, 1997<ref>News Guangdong website, http://www.newsgd.com/business/laws/200305140333.htm </ref> (hereinafter referred to as “Price Law”), Law of the People’s Republic of China for Countering Unfair Competition of September 2, 1993<ref>Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/China/ch_unf1.pdf</ref> (hereinafter referred to as “Competition Act”).<ref>In 2005 China will adopt a new competition policy with the Antimonopoly Act of the People’s Republic of China however this was not in effect for the time covered by this report.</ref>


Category Subcategory Score Comment
''Governed by:'' The Price Law of the People’s Republic of China of December 29, 1997<ref>News Guangdong website, http://www.newsgd.com/business/laws/200305140333.htm </ref>  (hereinafter referred to as “Price Law”), Law of the People’s Republic of China for Countering Unfair Competition of September 2, 1993<ref>Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/China/ch_unf1.pdf</ref>  (hereinafter referred to as “Competition Act”). 
Scope Extraterritoriality 0
<ref>In 2005 China will adopt a new competition policy with the Antimonopoly Act of the People’s Republic of China however this was not in effect for the time covered by this report.</ref>
Remedies Fines 1 Article 40 of the Price Law allows the Commission to impose fines for violations of the Law.
 
Prison sentences 0
{| class="wikitable"
Divestitures 0
|-
Private Enforcement 3rd party initiation 1 Article 38 of the Price Law gives any person the ability to initiate proceedings for violations of the Law.
! Category !! Subcategory !! Score !! Comment
Remedies available to 3rd parties 1 Article 41 of the Price Law allows consumers who have overpaid for goods to be compensated by the violator.
 
3rd party rights in proceedings 0
|- class="categorydivision"
Merger Notification Voluntary 0
| Scope
Mandatory 0
| Extraterritoriality
Pre-merger 0
| 0
Post-merger 0
|
Merger Assessment Dominance 0
 
Restriction of competition 0
|- class="categorydivision"
Public interest (Pro D) 0
| Remedies
Public interest (Pro Authority) 0
| Fines
Other 0
| 1
Efficiency 0
| Article 40 of the Price Law allows the Commission to impose fines for violations of Article 40.
Dominance Limits access 0
 
Abusive acts 1 Article 6 of the Competition Act prohibits abusing a dominant position as to exclude others from competing fairly.
|-
Price Setting 1 Article 11 of the Competition Act prohibits a operator from selling his goods below cost for the purpose of its competitors.
|
Discriminatory pricing 1 Article 14(5) of the Price Law prohibits price discrimination.
| Prison Sentences
Resale price maintenance 0
| 0
Obstacles to entry 0
|
Efficiency Defense 0
 
Restrictive Trade Practices Price fixing 1 Article 14 of the Price Law prohibits business operators to work collaboratively with other to control market prices.
|-
Tying 1 Article 12 of the Competition Act prohibits tying arrangements.
|
Market Division 0
| Divestitures
Output restraint 0
| 0
Market sharing 0
|
Eliminating competitors 0
 
Collusive tendering/bid-rigging 1 Article 15 of the Competition Act prohibits collusive tendering.
|- class="categorydivision"
Supply refusal 0
| Private Enforcement
Efficiency Defense 0
| 3rd Party Initiation
| 0
| Article 38 of the Price Law only gives a right to report “acts of violation of price law”, but doesn’t necessarily initiate a proceeding.
 
|-
|
| Remedies Available to 3rd Parties
| 1
| Article 41 allows consumers who have overpaid for goods to be compensated by the violator.
|-
|
| 3rd Party Rights in Proceedings
| 0
|
 
|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|
|-
|
| Mandatory
| 0
|
|-
|
| Pre-merger
| 0
|
|-
|
| Post-merger
| 0
|
|- class="categorydivision"
| Merger Assessment
| Dominance
| 0
|
|-
|
| Restriction of Competition
| 0
|
|-
|
| Public Interest (Pro D)
| 0
|
|-
|
| Public Interest (Pro Authority)
| 0
|
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 0
|
|- class="categorydivision"
| Dominance
| Limits Access
| 0
|
|-
|
| Abusive Acts
| 1
| Article 6 of the Competition Act prohibits abusing a dominant position as to exclude others from competing fairly.
 
|-
|
| Price Setting
| 1
| Article 11 of the Competition Act prohibits an operator from selling his goods below cost for the purpose of excluding its competitors.
 
|-
|
| Discriminatory Pricing
| 1
| Article 14(5) of the Price Law prohibits price discrimination.
|-
|
| Resale Price Maintenance
| 0
|
|-
|
| Obstacles to Entry
| 0
|
|-
|
| Efficiency Defense
| 0
|
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 14 of the Price Law prohibits business operators from working collaboratively with one another to control market prices.
|-
|
| Tying
| 1
| Article 12 of the Competition Act prohibits tying arrangements;  Article 14(5) of Price Law also prohibits tying
|-
|
| Market Division
| 0
|
|-
|
| Output Restraint
| 0
|
|-
|
| Market Sharing
| 0
|
|-
|
| Eliminating Competitors
| 0
|
|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 15 of the Competition Act prohibits collusive tendering.
|-
|
| Supply Refusal
| 0
|
|-
|
| Efficiency Defense
| 0
|
|}
 
== References ==
<references />

Latest revision as of 20:39, 9 September 2007

Score = 8

Governed by: The Price Law of the People’s Republic of China of December 29, 1997[1] (hereinafter referred to as “Price Law”), Law of the People’s Republic of China for Countering Unfair Competition of September 2, 1993[2] (hereinafter referred to as “Competition Act”). [3]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 40 of the Price Law allows the Commission to impose fines for violations of Article 40.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 0 Article 38 of the Price Law only gives a right to report “acts of violation of price law”, but doesn’t necessarily initiate a proceeding.
Remedies Available to 3rd Parties 1 Article 41 allows consumers who have overpaid for goods to be compensated by the violator.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 0
Abusive Acts 1 Article 6 of the Competition Act prohibits abusing a dominant position as to exclude others from competing fairly.
Price Setting 1 Article 11 of the Competition Act prohibits an operator from selling his goods below cost for the purpose of excluding its competitors.
Discriminatory Pricing 1 Article 14(5) of the Price Law prohibits price discrimination.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 14 of the Price Law prohibits business operators from working collaboratively with one another to control market prices.
Tying 1 Article 12 of the Competition Act prohibits tying arrangements; Article 14(5) of Price Law also prohibits tying
Market Division 0
Output Restraint 0
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 15 of the Competition Act prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 0

References

  1. ↑ News Guangdong website, http://www.newsgd.com/business/laws/200305140333.htm
  2. ↑ Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/China/ch_unf1.pdf
  3. ↑ In 2005 China will adopt a new competition policy with the Antimonopoly Act of the People’s Republic of China however this was not in effect for the time covered by this report.
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