Legislation

Hunan Government Issues "Opinions on Implementing the Fair Competition Review System during Building up the Market System"

On 26 August 2016, People's Government of Hunan Province issued the ―Opinions of the General Office of People's Government of Hunan Province on Establishing the Fair Competition Review System during Building up the Market System" (the ―Opinions‖). The Opinions clarify general requirements, basic principles and content of fair competition review system (includingthe scope, method and standard of the review), stipulate sequential implementation of fair competition review system (including setting up a working mechanism, clarifying review responsibilities, clearing out stocks in order, assessing and perfecting relevant laws and regulations regularly) and put forward improvement mechanism of fair competition review system (including perfecting competition policy, improving credit mechanism, strengthening enforcement supervision, enhancing duty charging and intensifying training and publicity).1

Authorities

Hunan AIC Investigates and Penalizes 79 Public Utility Monopoly Cases, Refunding CNY 150m Illegal Charges

On 27 September, Hunan Administration for Industry and Commerce (―AIC‖) briefed on special rectification of public utilities all over the province. Hunan AIC initiated special rectification activities against anti-competitive or monopolistic conducts of public utilities all over the province from April to October of 2016. According to the statistics released, there have been 79 public utility anti-competitive and monopolistic cases investigated and penalized, valuing CNY 31.7722m; 32 cases closed, with penalty and disgorgement totaling CNY 2.1252m. Relevant undertakings have been requested to refund illegal charges, worthy close to CNY 150m.2

Han Chunlin, Deputy DG of AMB under MOFCOM, Meets with Director of Basic Industries, Manufacturing and Agriculture at the Directorate General for Competition of the European Commission

On 23 September, Han Chunlin, Deputy Director-General (―DG‖) of Anti-Monopoly Bureau under Ministry of Commerce (―AMB under MOFCOM‖) met with Paul Csiszar, Director of Basic Industries, Manufacturing and Agriculture at the Directorate General for Competition of the European Commission, Benoit Lory, EU Delegation to China, accompanying him. Both parties exchanged ideas of the current review system of concentrations, challenges faced and further/enhanced communications and cooperation in the individual enforcement.3

Official from NDRCParticipates in the 43th "Annual Conference on International Antitrust Law and Policy"

From 21to23 September, Li Qing, Deputy DG of Price Supervision and Anti-Monopoly Bureau Under the National Development and Reform Commission (―PSAMB under NDRC‖) was invited to participate in the 43th ―Annual Conference on International Antitrust Law and Policy‖ (the ―Conference‖). The Conference was jointly held by Fordham University and George Washington University, with the theme of ―Future and Development of Asia Anti-Trust‖. Attendants deliberated on hot issues for the moment, such as competition policy, anti-monopoly and intellectual property right, cartel enforcement, etc. Representatives of anti-monopoly enforcers and relevant research institutions from the US, EU, Japan, Singapore, Mexico, Chile and the others also participated in the Conference. ―Today and Tomorrow of the Chinese Anti-Monopoly Enforcement‖ was among the panels, during which officials from the three Chinese anti-monopoly enforcers delivered keynote speeches respectively. Li Qing emphatically introduced the establishment and enforcement of the Chinese fair competition review system through three aspects, which are the significance to deepen economic structural reform, promotion of economic transformation upgrade and establishment of gradual and operational working system.4

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Footnotes

1 http://www.hunan.gov.cn/2015xxgk/fz/zfwj/szfbgtwj/201608/t20160830_3241721.html

2 http://hn.rednet.cn/c/2016/09/27/4094891.htm

3 http://fldj.mofcom.gov.cn/article/xxfb/201609/20160901400544.shtml

4 http://jjs.ndrc.gov.cn/gzdt/201609/t20160927_820017.html

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