State Administration for Industry and Commerce, Provisions for the Suppression by Administrations for Industry and Commerce of Acts of Abuse of Administrative Authority to Eliminate or Restrict Competitive Acts

Promulgated: December 31 2010

Effective: February 1 2011

Interpreting authority: State Administration for Industry and Commerce

Main contents: Business operators may not reach and implement monopolistic agreements or abuse their dominant market position on the grounds of an administrative restriction or administrative authorisation, or that the same was based on administrative regulations formulated and issued by an administrative authority or an organisation authorised by laws or regulations with the function of administrating public affairs (Article 5).

Related legislation: PRC Anti-monopoly Law, Aug 30 2007, CLP 2007 No.8 p.28; Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Monopolistic Agreements, Dec 31 2010, CLP 2011 No.1 p.40; Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Abuse of Dominant Market Position, Dec 31 2010, CLP 2011 No.1 p.45; and Provisions on Procedures for Investigation and Handling of Cases of Monopolistic Agreements and Cases of Abuse of Dominant Market Position by Administrations for Industry and Commerce, May 26 2009, CLP 2009 No.6 p.47