China (1993, 1997)

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 (hereinafter referred to as “Price Law”), Law of the People’s Republic of China for Countering Unfair Competition of September 2, 1993 (hereinafter referred to as “Competition Act”).

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 the Law. Prison sentences 0 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. 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 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 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. 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 to work collaboratively with other to control market prices. Tying 1 Article 12 of the Competition Act prohibits tying arrangements. 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