Home 
Press Center Chinese Antimonoply Law
Press Center Chinese Antimonoply Law | Chinese Antimonoply Law |
|
| Written by Lynn Sum | |||||||||||
| 2008-08-01 | |||||||||||
Page 7 of 9
Article 28: If a concentration has or may have effect of eliminating or restricting competition, the antimonopoly execution authorities shall take decision of prohibition. However, if the undertakings can prove that the concentration bring more positive effect than negative effect on competition, or the concentration pursuant to public interests, the antimonopoly execution authorities shall decide, not to prohibit the concentration. Article 29: The antimonopoly execution authorities shall make a decision of approval with restrictions and conditions where a concentration will reduce the negative effect on competition. Article 30: The antimonopoly execution authorities shall announce the decisions of prohibition or conditional concentration to public. Article 31: In case the acquisition of domestic enterprises by foreign investors or other manners to concentrate referred to national security, besides being reviewed according to this law, shall be carried out national safety review according to related regulations. Chapter 5: Abuse of Administrative Power to Eliminate or Restrict Competition Article 32: Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall not abuse administrative power to limit or limit in a different form the organizations or persons to operate, purchase or use the products of any undertakings designated by them. Article 33: Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall not abuse administrative power to carry out following conducts, to hinder the free flow of the commodities between regions: (i) create discriminated items, carry out discriminated standards, or stipulate discriminated prices to nonlocal commodities. (ii) stipulate different technical requisition, test standards to nonlocal an local commodities, or conduct repeat testing, repeat certification and so on, in order to limit nonlocal commodities to enter local market; (iii) specially require administrative permit to counter nonlocal commodities, in order to limit nonlocal commodities to enter local market; (iv) create burdens or other methods to limit nonlocal commodities enter or local commodities exit; (v) other conducts which hinder commodities free flow between regions. Article 34: Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall not abuse administrative power to exclude or restrict nonlocal undertakings to participate local bids activities through the manners that they create discriminated quality requisitions, judge standards or not announce information according to law. Article 35: Administrative power by government and organisations to which laws and regulations grant rights to administer public issues shall not abuse administrative power to exclude or restrict nonlocal undertakings to set up branches through that they give unfair treatment to nonlocal undertakings. |
|||||||||||
| Last Updated ( 2008-08-02 ) | |||||||||||
| < Prev | Next > |
|---|