China (1993, 1997)
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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
- ↑ News Guangdong website, http://www.newsgd.com/business/laws/200305140333.htm
- ↑ Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/China/ch_unf1.pdf
- ↑ 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.