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Press Center Chinese Antimonoply Law | Chinese Antimonoply Law |
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| Written by Lynn Sum | |||||||||||
| 2008-08-01 | |||||||||||
Page 4 of 9
(iii) allocate the sales markets or the raw material purchasing markets; (iv) limit the purchase new technology or new facilities, or the development of, new products or new technology; (v) jointly boycott transactions; (vi) other agreements identified by antimonopoly execution authorities. Agreements referred to this law are agreement, decision or concerted action which eliminate or restrict competition. Article 14: Any following agreements among undertaking and counterparty are prohibited: (i) fix the price for resale; (ii) restrict the lowest price for resale; (iii) another monopoly agreement identified by antimonopoly execution authorities. Article 15: Agreements among undertakings with one of the following objectives shall be exempted from application of article 13, 14 if (i) agreements to improve technology, to research and develop new products. (ii) agreements for the purpose of product quality upgrading, cost reduction and efficiency improvement, of unify standards, norms or specialise; (iii) agreements by small and medium-sized enterprises to improve operational efficiency and to enhance their competitiveness; (v) agreements to cope with economic depression, to moderate serious decrease in sales volumes or distinct production surplus; (iv) agreements to achieve public interests, such as save energy, protect environment, relieve the victims of a disaster and so on; (vi) agreements to maintain legitimate interest in the cooperation with foreign economic entities and foreign trade; (vii) other situation stipulated by laws and the State Council. Undertakings pursuant to (i) to (v), and therefore exempted from Article 13, 14, must additionally prove, that the agreements can enable consumers to share impartially the interests derived from the agreements, and will not entirely eliminate the competition in relevant market. |
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| Last Updated ( 2008-08-02 ) | |||||||||||
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