Legislation

The Supreme People’s Court: Timely introduction of judicial interpretation of civil anti-monopoly disputes and introduction of typical cases to promote the development of a unified national market

On July 25, 2022, in order to support and ensure the development of a unified national market in accordance with law, the Supreme People’s Court officially issued the The opinions of Supreme People’s Court on Judicial Service Delivery and Guarantee to Accelerate the Development of a Unified National Market (“Opinions”). The Opinions consist of 7 parts of 30 articles, which summarize in a few words 3 main aspects: setting out general requirements, clarifying work initiatives and improving work mechanisms. Among them, the typical cases supporting the Anti-monopoly law include the dispute over the “Joint Driving School Venture” horizontal monopoly agreement.

National Anti-Monopoly Bureau: China ranked among top three global antitrust jurisdictions along with US and EU

On July 28, 2022, Gan Lin, deputy director of the State Administration for Market Regulation (“SAMR“) and director of the National Anti-Monopoly Bureau, pointed out that since the 18th Party Congress, China has taken new steps to participate in global competition governance, including signing cooperation documents with 35 countries and regions. , such as the United States, Europe the European Union, Russia and Japan, by establishing a special chapter on competition policy in ten FTAs, such as RCEP and China-Korea, and by organizing with a successful 7th BRICS International Competition Conference last year, and today China is ranked among the top three anti-monopoly jurisdictions in the world, along with the US and the EU.

Guangxi rolls out fair competition review for consumer voucher issuance

In July, the Office of the Joint Inter-ministerial Conference on Antimonopoly and Fair Competition of Guangxi Zhuang Autonomous Region issued a notice of the deployment of fair competition examination work for the issuance of consumer vouchers in the Guangxi in order to strengthen the fairness of choice of consumer voucher issuance platform.

Shaanxi AMR organizes and conducts anti-monopoly inspection in special governance of water-related fields

In July, the Shaanxi Administration for Market Regulation (“Shaanxi RAM”) issued the Notice on Conducting Antimonopoly Inspection in Special Governance of Water-Related Areas and the Guidelines on Antimonopoly Inspection in Special Governance of Water-Related Areas clarify the direction and content of market regulation departments in cities and counties (districts) involved in anti-monopoly regulation in the special water-related market order governance and provide clear guidance to the local law enforcement personnel.

SAMR Releases Announcement on Pilot Implementation of Commissioning of Antitrust Review of Certain Corporate Merger Cases

On July 15, the SAMR issued the Announcement on the commission’s pilot implementation of an antitrust review of certain corporate merger caseswhich intends to instruct the Market Regulation Administrations of Beijing, Shanghai, Guangdong, Chongqing and Shaanxi to conduct the antitrust review of certain cases to which the simplified merger filing procedure is applicable on a pilot basis from August 1, 2022.

SAMR anti-monopoly office to hire 17 officials

On July 14, SAMR released the public announcement (the first batch) of the civil servant hiring project for the year 2022, of which 17 civil servants were proposed to be hired by the SAMR Anti-Monopoly Office.

Zhejiang AMR releases the first provincial local standard for competition compliance of Internet platform companies in China

On July 5, the Zhejiang Administration for Market Regulation (“Zhejiang RAM”) approved the publication of the local provincial standard DB33/T 2511-2022 Competitive Compliance Management Specification for Internet Platform Enterprises. The standard defines the classification of Internet platforms and stipulates the requirements for organization and management, risk management, safeguards, evaluation and improvement of the competitive compliance of platform companies .

Zhejiang Becomes the First Province to Implement Provincial Fair Competition Policy Reform in an Early and Pilot Way

In July, after the adoption of the new Anti-monopoly lawZhejiang Province became the first province to implement the early and pilot reform of the provincial fair competition policy, and issued the Preliminary and Pilot Reform Implementation Plan of Provincial Fair Competition Policy in Zhejiang Province. Zhejiang’s preliminary and pilot reform work has many highlights, including: targeting the coordination of competition policy and industrial policy, requiring fair competition review as a necessary procedure for the formulation and adjustment of industrial policy; carrying out a pilot fair competition examination and a pilot list system of business-related preferential policies, establishing a hard restriction mechanism for fair competition examination, etc.

Heilongjiang AMR Releases “Four Tips” on Examining Fair Competition in Consumer Voucher Issuance

In July, the Heilongjiang Administration for Market Regulation (“Heilongjiang RAM”) issued “Four Tips” on fair competition review of consumer voucher issuance policies and measures: strictly adhere to fair competition review procedures; accurately grasp the purpose of the fair competition review; strengthen fairness in the choice of platform for issuing consumer vouchers; and effectively strengthen supervision and guidance.

AMR of Inner Mongolia Autonomous Region Issues First Antitrust Compliance Guidelines for SOEs Nationwide

On June 21, the Inner Mongolia Autonomous Region Administration for Market Regulation (“Inner Mongolia Autonomous Region RAM”) issued the first antitrust compliance guidelines for public companies in the country, in the context of the active promotion of the commodification of public services in recent years with still irregularities in business practices and even violations of the Anti-monopoly law.

Public app

SAMR Fines Beijing CollegePre Education Technology Co., Ltd RMB 942,386.47 for RPM

On July 27, 2022, SAMR published an announcement of the decision on the administrative penalty in the monopoly agreement case at Beijing CollegePre Education Technology Co., Ltd. In February 2021, the Beijing Administration for Market Regulation (“Beijing RAM”) initiated an investigation into the alleged monopolistic behavior of Beijing CollegePre Education Technology Co., Ltd. On July 12, 2022, Beijing AMR discovered that Beijing CollegePre Education Technology Co., Ltd. entered into and implemented a monopoly agreement with resale fixed price and fined it RMB 942,386.47.

SAMR imposes a fine of 200,000 RMB on Hainan Yishun Pharmaceutical Co., Ltd. for monopoly agreement

On July 22, SAMR released an announcement of the decision on the administrative penalty in the Hainan Yishun Pharmaceutical Co., Ltd. monopoly agreement case. Hainan Yishun Pharmaceutical Co., Ltd. was found by the Hainan Administration for Market Regulation (“Hainan RAM”) for entering into but not yet implementing a monopoly agreement with certain trading counterparties to set the minimum resale price, and was fined RMB 200,000.

SAMR imposes a fine of 8,890,720.58 RMB on Wuhu Wanzhi Zhongran City Gas Development Co., Ltd. for abuse of a dominant market position

On July 19, SAMR released an announcement of the administrative penalty decision in the abuse of market dominance case to Wuhu Wanzhi Zhongran City Gas Development Co., Ltd. Zhongran City Gas Development Co., Ltd. constituted an abuse of dominant market position and imposed a total fine of RMB 8,890,720.58.

SAMR imposes a fine of 2,305,962.71 RMB on Guizhou Water Investment and Utility Group Weining Co., Ltd. for abuse of a dominant market position

On July 18, SAMR released an announcement of the decision on the administrative penalty in the abuse of market dominance case to Guizhou Water Investment and Utility Group Weining Co., Ltd. The Guizhou Administration for Market Regulation (“Guizhou RAM”) concluded that Guizhou Water Investment and Utility Group Weining Co., Ltd. constituted an abuse of dominant position in the market and fined it a total of RMB 2,305,962.71.

Henan AMR Fines 31 Credit Reporting Agencies Totaling RMB 526,102.48 for Monopoly Agreements

On July 13, the Henan Administration for Market Regulation (“Henan RAM”) issued a series of administrative sanction decisions, finding that the act of 31 credit bureaus signing an industry self-regulatory agreement and unifying their tariffs constituted a monopoly agreement to “fix or modify the prices of products ”, and fining the 31 agencies a total of 526,102.48 RMB.

Shaanxi AMR Fines Shaanxi Cement Association and 13 Cement Enterprises Totaling RMB 451 Million with Administrative Guidance Letter for Star Cartel

On July 9, SAMR released an announcement of the decision on the administrative penalty in the case of Shaanxi Cement Association organizing thirteen cement enterprises to conclude and implement monopoly agreements. Under the guidance of SAMR, Shaanxi AMR imposed a total fine of about RMB 451 million and issued an administrative guidance letter to relevant parties, setting a new record for anti-monopoly law enforcement in the industry. cement.

SAMR publishes 28 cases of administrative penalties for jumping from firearms

On July 10, in order to expedite the completion of the stock of cases in accordance with the law, the SAMR issued administrative sanction decisions regarding twenty-eight cases of illegal implementation of business concentration without notification in accordance with the law.

SAMR Fines Seven Concrete Companies in Fujian Province RMB 15,829,038.8 for Monopoly Agreements

On July 6, 2022, the SAMR issued rulings on administrative penalties issued by the Fujian Province Market Regulation Administration against seven concrete companies for monopolistic practices, with fines totaling RMB 15,829,038.8.

Court litigation

Beijing High People’s Court dismisses Xidian Jietong’s appeal for joinder of complaint and counterclaim in abuse of market dominance case against Apple Inc.

In July 2022, the Beijing Higher People’s Court issued a civil decision, rejecting Xi’an Xidian Jietong Wireless Network Communication Co., Ltd.’s appeal. for joinder of complaint and counterclaim in abuse of market dominance case against Apple Inc.