The State Development and Reform Commission Decree of the State Development and Reform Commission of the People’s Republic of China No.3 The Interim Provisions on Preventing the Acts of Price Monopoly are formulated in accordance with the Price Law of the People’s Republic Director of the State Development and Reform Commission Ma Kai June 18, 2003 Interim Provisions on Preventing the Acts of Price Monopoly Article 1 In order to prevent acts of price monopoly, to promote fair competition and to protect the legal rights and interests of the operators Article 2 The “acts of price monopoly” herein refer to the acts that by means of collusion or abuse of the market predominance, the operators Article 3 The determination of market predominance shall be mainly based on the market shares of the operators in the relevant markets, the Article 4 Operators shall not conduct any of the following acts of price monopoly through agreements, decisions or coordination: (1) Uniformly determining, maintaining or changing prices; (2) Controlling prices by limiting the production or supply quantities; (3) Controlling prices in bid invitation and bid tendering, or auction; (4) Other acts of controlling prices. Article 5 An operator shall not rely on its market predominance to compulsorily define the resale price when supplying commodities to its distributors. Article 6 No business operator may rely on its market predominance to seek sudden huge profits in violation of the laws and regulations of the Article 7 No business operator may rely on the market predominance to anti-dump commodities at the price lower than the costs for the purposes Article 8 No operator may, when providing same commodities or services, rely on its market predominance to treat the same transaction objects Article 9 Whether an operator has any of the acts of price monopoly listed in the Provisions or not, it shall be subject to the determination Article 10 Where an operator has any of the acts of monopoly as described in the present Provisions, it shall be punished by the administrative Article 11 Where it is otherwise provided for in any other regulation or ministerial rule regarding the punishment for the acts as described Article 12 The government and its subordinate departments shall protect the operator’s rights in lawfully setting prices at their own will, and Article 13 The government encourages all kind of organizations and individuals to supervise the acts of price monopoly. The administrative departments Article 14 Trade associations shall strengthen self-regulation on price, and may not engage in any act in violation of the Provisions. Article 15 The power to interpret the present Provisions shall remain with the State Development and Reform Commission. Article 16 The Provisions shall enter into force as of November 1, 2003. |
The State Development and Reform Commission
2003-06-18