Anti-monopoly law matching new rules will be implemented tacit understanding can also be identified as a monopoly synergy

Tacit understanding can also be identified as a monopoly synergy yesterday, the State administration of Industry and Commerce promulgated 3 "Antimonopoly Law" supporting regulations, the "price monopoly" of the monopoly behavior outside the comprehensive norms, the reporter learned that the supporting regulations clear: "Price monopoly" agreement outside the monopoly agreement by the SAIC.　　In the future, even if the operators do not have the written or verbal agreement and other evidence, tacit tacit understanding between each other behavior, can also be identified as a monopolistic synergy behavior. The State Administration of Industry and Commerce promulgated the "Prohibition of Monopoly Agreement", "Prohibition of abuse of market dominance of the provisions", "the suppression of abuse of administrative power exclusion, the restriction of competition" provisions, are the "anti-monopoly Law" supporting entity regulations.　　3 regulations in China's "anti-monopoly Law" framework, the monopoly agreement, abuse of market dominance behavior and abuse of administrative power exclusion, limit competition behavior to refine and clear, improve the industry and commerce sector antitrust enforcement of the operability. Bright spot interpretation of "action coordination" can be identified as monopoly monopoly agreement is to exclude, restrict competition agreements, decisions or other cooperative behavior. "But it is very difficult to obtain evidence for a monopolistic agreement. "Experts in the interpretation of the regulations, said the industry and Commerce Department of the concept of the Monopoly agreement to further refine the provisions, that is, the monopoly agreement can be reached between the operator, or by the" trade associations to organize the operators to achieve. " The provisions of the Monopoly Agreement are as follows: the monopoly agreement or the decision includes the written form and the oral form, while the other cooperative behavior means that the operator does not make a written or oral agreement or decision, "but there is a concerted action in essence".　　In this way, the rules are essentially clear that no written or verbal agreement can be identified as a monopoly. The advantageous public interest monopoly may "exempt" the business sector to be identified as a monopoly, but can be "exempted" or "lenient" treatment conditions. Although the agreement between the operators to eliminate and restrict competition, but "overall conducive to technological progress, economic development and social public interest", will be exempt from the "exemption" punishment. "The leniency scheme is designed to encourage monopolistic agreement participants to report." "In order for law enforcement agencies to be able to identify case clues and evidence in a timely manner, as long as the operator voluntarily reports and provides important evidence, it will be mitigated or waived as appropriate." In particular, "the first initiative to report on the implementation of the Monopoly agreement, the provision of important evidence and comprehensive initiative to cooperate with the investigation of the operators, the Industrial and commercial administrative organs shall be exempted from punishment." "Repeated inspection by the government" is a restriction on the competitive business sector based on years of law enforcement practices and related regulations, the abuse of administrative power to exclude or limit the specific circumstances of competition are refined: including the explicit requirements, implied or refused, delay the administrative license and repeat inspection, etc., "limited or disguised as a limitation of units and individuals to operate, purchase, The use of goods provided by its designated operator or the act of restricting the normal operation of others.　　These actions will be prohibited. It is understood that in the future, the industry and Commerce departments once confirmed that the Government and its departments, with the management of public affairs functions of the organization abuse of administrative power exclusion, limited competitionThe competition behavior, will be able to its performance and the consequence, to its relevant superior organ to put forward the legal treatment suggestion. (Reporter Chongmei)