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Corporate Service - China

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Q&A Regarding China's " The Anti-Monopoly Law of the People's Republic of China"(5)

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Q: What factors should be considered when reviewing the concentration of business operators?
A:
  1. The market share of the operators participating in the concentration in the relevant market and their control over the market;
  2. Market concentration of the relevant market;
  3. The impact of business concentration on market entry and technological progress;
  4. The impact of business concentration on consumers and other relevant business operators;
  5. The Impact of business concentration on the development of the national economy;
  6. Other factors affecting market competition that the anti-monopoly law enforcement agency of The State Council deems necessary to take into account.

Q: What measures can anti-monopoly law enforcement agencies take when investigating suspected monopolistic practices?
A:
  1. Enter the business premises or other relevant premises of the investigated operator for inspection;
  2. Question the investigated business operator, interested party or other relevant units or individuals, and require them to explain the relevant circumstances;
  3. To review and copy relevant documents and materials such as certificates, agreements, accounting books, business correspondence, electronic data, etc. of the investigated business operator, interested party or other relevant units or individuals;
  4. Seal up and seize relevant evidence;
  5. Check the bank account of the business operator.
The measures as prescribed in the preceding paragraph shall be reported in writing to the principal person in charge of the anti-monopoly law enforcement agency and approved.

Q: Under any of the following circumstances, the anti-monopoly law enforcement agency shall resume the investigation?
A:
  1. Where the operator fails to fulfill its commitment;
  2. The facts on which the decision to suspend the investigation is based have undergone significant changes;
  3. The decision to suspend the investigation was made based on incomplete or false information provided by the operator.

Q: Which behaviors of business operators are not subject to the Anti-Monopoly Law of the People's Republic of China?
A: The acts of business operators exercising intellectual property rights in accordance with the relevant laws and administrative regulations on intellectual property rights are not subject to the Anti-Monopoly Law of the People's Republic of China. However, the acts of business operators abusing intellectual property rights to exclude or restrict competition shall be governed by the Anti-Monopoly Law of the People's Republic of China.

Q: Which behaviors of agricultural producers and rural economic organizations are not subject to the Anti-Monopoly Law of the People's Republic of China?
A: The joint or coordinated actions carried out by agricultural producers and rural economic organizations in the business activities of agricultural product production, processing, sales, transportation and storage are not subject to the Anti-Monopoly Law of the People's Republic of China.

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