August 1 marks the fifth anniversary of the implementation of China’s
Anti-monopoly Law. And MOFCOM has diligently performed its functions over the
past five years, and has made positive progress in the enforcement of
Anti-monopoly Law.
The supporting legislation system for the review of
concentration of undertakings has been basically formed in China. Since the
implementation of the Anti-monopoly Law, MOFCOM has constantly promoted and
improved the supporting laws and regulations, and has issued a series of
administrative rules and regulations, the guidelines for the Antimonopoly
Committee, department regulations and regulatory documents in accordance with
the requirement of the enforcement of the Anti-monopoly Law, and relevant
provisions of the Anti-monopoly Law has been specified to facilitate the
implementation of the law and increase transparency of the enforcement. MOFCM
has formulated a series of laws and regulations in such areas as definition of
relevant market, petition, review and remedy measures in accordance with the
requirement of law enforcement, and a system of rules and regulations including
administrative regulations of the State Council, the guidelines of the
Anti-monopoly Committee, department rules of MOFCOM and the guidance for the
Anti-Monopoly Bureau of MOFCOM has been established.
A scientific and
effective mechanism for anti-monopoly law enforcement has been gradually
established. MOFCOM has set up the Anti-Monopoly Bureau, with relevant
departments in charge of such areas as accepting petitions, review, remedy
measures, international cooperation and supporting laws and regulations. And
MOFCOM has kept positive interaction with economists, legal professionals,
industrial and technical experts and professional industrial associations and
relevant administrative departments, so as to utilize all social resources to
enhance law enforcement.
The law has been enforced strictly to maintain
legal authority. MOFCOM has strictly enforced the law, and has stepped up
publicity efforts to enhance the law-abiding awareness of companies. In 2011,
MOFCOM formulated the Interim Measures for Investigating and Punishing of
Concentration of Undertakings Failing to File Notification, according to which
MOFCOM has given warnings or imposed a fine on eight cases.
Remarkable
achievements are made on review of concentration of undertakings. Since the
Anti-monopoly Law was implemented in 2008, MOFCOM had received 754 filings for
concentration review by the first half of 2013, of which 690 reviews were
initiated, and 643 reviews were concluded. Among the concluded cases, 624 were
unconditional approvals, 18 were conditional approvals, and only one case was
disapproved.
Among the concluded cases, 624 were unconditional approvals,
accounting for 97% of the total, and those conditional approvals and disapproved
accounted for 3%. Thus, only in a few cases that could be confirmed to cause
substantial impairment to competition, would MOFCOM take necessary intervention
to the concentration of undertakings.
