SAMR: Three Supporting Regulations about Anti-Monopoly Law Came into Force in SeptemberThree
supporting regulations about Anti-Monopoly Law, released by the State Administration for Market Regulation (SAMR) in June, took into force in September, including the Interim Regulations on Prohibiting the Monopoly Agreement, the Interim Regulations on Prohibiting the Abuse of Market Dominant Position and the Interim Regulations on Curbing the Abuse of Administrative Power for the Expelling and Limitation of Competition.
According to the SAMR officials, the supporting regulations clarify the law enforcement mechanism at the Central Government and provincial levels, i.e. the SAMR is responsible for handling the complex cases across different provinces，autonomous regions and municipalities directly under the Central Government or those cases with major influence and necessity for the direct investigation of SAMR itself, and the provincial market regulators is in charge of the anti-monopoly law enforcement within its own administration. The procedural regulations about complaint, case filing, investigation and solution are also identified and it is required that the decisions should be publicized in accordance with the law.
It is specifically regulated that the law enforcement institutions should treat all the business entities equally in the investigation over the monopoly acts. Also, the identification methods and procedure of law enforcement are specified. For the first three reporters of own offenses or providing important evidence about others’ violation, the fines can be reduced based on the sequence of filing an application so as to realize a feasible leniency system. The identification of dominant positions at the online or IP markets is also clearly taken into consideration.