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Anti-monopoly Law of China (2007)

反垄断法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Aug 30, 2007

Effective date Jan 01, 2008

Validity status Valid

Scope of application Nationwide

Topic(s) Competition Law

Editor(s) C. J. Observer

Anti-monopoly Law of the People’s Republic of China was promulgated on 30 Aug. 2007, and entered into force on 1 Aug. 2008.

There are 57 articles in total. The Law aims to prevent and restrain monopolistic conducts, protect fair competition in the market, enhance economic efficiency, safeguard the interests of consumers and social public interest, and promote the healthy development of the socialist market economy.

The key points are as follows:

1.This Law shall be applicable to monopolistic conducts in economic activities within the People’s Republic of China. This Law shall apply to the conducts outside the territory of the People’s Republic of China if they eliminate or have restrictive effect on competition on the domestic market of the PRC.

2.For the purposes of this Law, “monopolistic conducts” are defined as the following: (1) monopolistic agreements among business operators; (2) abuse of dominant market positions by business operators; and (3) concentration of business operators that eliminates or restricts competition or might be eliminating or restricting competition.

3.Any business with a dominant position may not abuse that dominant position to eliminate, or restrict competition.

4.The State Council shall establish the Anti-monopoly Commission, which is in charge of organizing, coordinating, guiding anti-monopoly work.

This English translation comes from fdi.gov.cn (Ministry of Commerce). In the near future, a more accurate English version translated by us will be available on China Laws Portal.