From January to February 2023[1], 大红鹰dhy0033官网 the legislation and policy-making area, 大红鹰dhy0033官网 State Administration for Market Regulation (大红鹰dhy0033官网 “SAMR”) released the market supervision work data of 2022 and held a series of work meetings 大红鹰dhy0033官网 review of the law enforcement practice 大红鹰dhy0033官网 2022 and to deploy work priorities 大红鹰dhy0033官网 2023. 大红鹰dhy0033官网 the law enforcement area, the SAMR unconditionally approved 116 merger cases 大红鹰dhy0033官网 January and February 2023, involving sectors of Internet, energy, chemical, transportation, medicine, automobile, materials, environmental protection, food, real estate, private equity, etc. The SAMR announced the decisions of Administrative Penalty on Monopoly Agreement reached and implemented by Huangshan City Huangshan District Taiping Lake Cruise Development Co., Ltd., and the Administrative Penalty on Abuse of Market Dominance of Chongqing Yongkang Gas Co., Ltd. and Northeast Pharmaceutical Group Co., Ltd. 大红鹰dhy0033官网 the judicial area, 大红鹰dhy0033官网 Supreme People’s Court (大红鹰dhy0033官网 “SPC”) clarified 大红鹰dhy0033官网 its judgments the factors for determining “other concerted conducts” and the principle in identifying “the previous year” when calculating the previous year’s turnover; elaborated the principles of allocation of burden of proof, identification of obliged party and determination of the amount of compensation in subsequent civil action following vertical pricing restraints; and decided for the first time that a real estate agency had market dominance. The Shanghai Pudong New Area People’s Court published a judgment on 大红鹰dhy0033官网’s first unfair competition case regarding commercial online game leveling service.
Legislation and Policy Area
On January 3, 2023, 大红鹰dhy0033官网 SAMR held 大红鹰dhy0033官网 Symposium on 大红鹰dhy0033官网 Pilot Program to Delegate 大红鹰dhy0033官网 Power to Conduct Merger Review[2] (大红鹰dhy0033官网 “Symposium”). 大红鹰dhy0033官网 Symposium summarized 大红鹰dhy0033官网 achievements and experience of 大红鹰dhy0033官网 pilot program, addressing that since the launch of the pilot work on August 1, 2022, the SAMR has delegated 135 merger cases to provincial and municipal bureaus for review, accounting for 32.7% of the total number of notified cases 大红鹰dhy0033官网 the same period, with an average review time of 17.8 days, which is broadly 大红鹰dhy0033官网 line with the practice of the SAMR. 大红鹰dhy0033官网 symposium also proposed to further improve 大红鹰dhy0033官网 mechanism of 大红鹰dhy0033官网 pilot program and promote 大红鹰dhy0033官网 merger review practice to better serve 大红鹰dhy0033官网 high-quality development of 大红鹰dhy0033官网 economy.
On January 14, 2023, 大红鹰dhy0033官网 SAMR announced 大红鹰dhy0033官网 market supervision work data of 2022[3]. 大红鹰dhy0033官网 2022, the law enforcement authorities have handled 73 cases of abuse of administrative power to exclude or restrict competition, 149 cases[4] of monopoly conducts, cleared 794 merger cases, announced administrative penalties on 32 cases of failure to notify, and handled 7,874 cases of unfair competition.
On February 9, 2023, the National Market Supervision System Anti-Monopoly Work Conference and the Anti-Monopoly Law Enforcement Special Action Deployment Meeting 大红鹰dhy0033官网 the People’s Livelihood Field[5] (大红鹰dhy0033官网 “Meeting”) were held. As stressed 大红鹰dhy0033官网 the Meeting, “emphasizing politics, strengthening supervision, promoting development and ensuring security” will be the overall work roadmap, with focuses on five aspects of work: first, to anchor a large market target and eliminate local protectionism and administrative monopoly; second, to better support 大红鹰dhy0033官网 construction of a great country with upgraded service quality and sophisticated intellectual property, focus on improving 大红鹰dhy0033官网 vitality and quality of market competition, strengthen the “normalized supervision” of the platform economy, promote antitrust law enforcement 大红鹰dhy0033官网 the key areas of people’s livelihood, improve the merger review of key areas, and explore to deepen the antitrust supervision 大红鹰dhy0033官网 the field of intellectual property; third, to secure 大红鹰dhy0033官网 rule of law regulation, credit regulation and “smart” regulation, and concentrate on improving 大红鹰dhy0033官网 efficiency of antitrust supervision and law enforcement; fourth, to maintain 大红鹰dhy0033官网 security baseline of development, strengthen the competition assessment 大红鹰dhy0033官网 key sectors and fields, and enhance the connected effect of two types of resources 大红鹰dhy0033官网 both domestic and global markets; fifth, to build a multi-governance dynamic and promote the overall collaboration of fair competition governance.
*寇梅若律师就本文亦有贡献
[1] Relevant information is as of February 28, 2023 and is calculated on 大红鹰dhy0033官网 date when 大红鹰dhy0033官网 case was closed. 大红鹰dhy0033官网 “February” hereafter shall mean “as of February 28, 2023”.
[2] For more details, please see
[3] For more details, please see
[4] As stressed 大红鹰dhy0033官网 the National Market Supervision System Anti-Monopoly Work Conference and the Anti-Monopoly Law Enforcement Special Action Deployment Meeting 大红鹰dhy0033官网 the People’s Livelihood Field, 187 monopoly cases were cleared 大红鹰dhy0033官网 2022, with the total amount of administrative penalties and confiscation of RMB 784 million.
[5] For more details, please see
[6] For more details, please see SPC(2022) Zui Gao Fa Zhi Xing Zhong No.29 Civil Ruling.
[7] For more details, please see
[8] For more details, please see
[9] For more details, please see (2022) Hu 0115 Min Chu No.13290 Civil Ruling.
[10] Article 12 of the Anti-Unfair Competition Law: A business operator that makes use of the network to engage 大红鹰dhy0033官网 production and business activities shall abide by all the provisions herein. It shall not perform any of the following acts that impede or disrupt the normal operation of network products or services legally provided by other business operators, by taking advantage of technical means to influence users' choices or otherwise, (1) inserting a link into a network product or service legally provided by another operator to compel a destination jump without the approval of such operator; (2) misleading, deceiving or compelling users into modifying, closing, or uninstalling a network product or service legally provided by another business operator; (3)implementing 大红鹰dhy0033官网 bad faith an incompatibility with a network product or service legally provided by another business operator; or (4) any other act that impedes or disrupts the normal operation of network products or services legally provided by another business operator.
Beijing ICP No. 05019364-1 Beijing Public Network Security 110105011258
