Interpretation of two supporting regulations of anti-monopoly law: two powerful weapons against monopoly

BEIJING, June 5 (Xinhua): Two powerful tools of anti-monopoly law enforcement--interpretation of two supporting regulations of antimonopoly Law the State Administration for Industry and Commerce announced the two supporting regulations of anti-monopoly law--the regulations on the procedure of dealing with monopoly agreements and abusing market dominance cases by industry and commerce administrative organs and　　The administrative organs of industry and commerce stop abusing the rules of procedure of excluding and restricting competition.　　The Director of the Bureau of Industry and Commerce competition, 5th, in the interpretation of the above-mentioned documents, said that the document on anti-monopoly law enforcement procedures made some special provisions, is the commercial and industrial organizations to effectively carry out anti-monopoly enforcement of the prerequisite conditions. The investigation of monopoly behavior by the industrial and commercial organs may inquire the business Administration administrative organ of the operator's bank account to investigate the suspected monopoly behavior, and by the written report and approval of the main principals of the monopoly cases, the following investigation measures may be taken:------ Inquire about the operators surveyed, the interested party or other relevant unit or individual, to request it to explain the relevant situation--to inspect and copy the relevant documents, agreements, accounting books, business correspondence and electronic data of the operators, interested parties or other relevant units or individuals concerned;--seizure,　　Seizure of relevant evidence;　　Industry and commerce organs will be the monopoly of whistleblower confidentiality "industrial and commercial administrative organs to deal with monopoly agreements, abuse of market dominance cases procedures," provisions, industrial and commercial administrative organs may be based on the authority, or through the report, other organs transferred, the superior organs and other means to find out the monopoly and investigate the law.　　Any unit or individual shall have the right to report the alleged monopolistic behavior to the industrial and commercial administrative organs and the administrative organs for industry and commerce shall keep the informer confidential. The general Administration of Industry and Commerce and the provincial Bureau of Commerce are responsible for reporting materials. After receiving the information, the receiving organ shall register and verify the contents of the report.　　Even for anonymous written reports, if there are specific facts of the law and provide relevant evidence, the receiving authority should also register and verify the contents of the report. The general Administration of Industry and Commerce decides to file and investigate the case according to the verification of the report contents.　　The general Administration of industry and commerce can own case investigation, can also authorize the relevant provincial trade and industry bureau to investigate. The written report monopoly Act should include five items of content for the convenience of informants to provide complaints materials and law enforcement agencies to grasp the case clues, "Industry and commerce administrative organs to deal with monopoly agreements, abuse of market dominance case procedures" provisions, the report taken in writing, should include the following:--the basic situation of informants If the informer is an individual, he shall provide his name, address, contact method, etc. Where a whistleblower is an operator, it shall provide the name, address, contact information, main industry, product or service provided, etc.--the basic situation of the informer. Including the name of the operator, address, mainly engaged in the industry, production products or services provided;It's a matter of fact. Including the fact that a whistleblower violates laws, regulations and regulations and the time and place of the Act;　　Including documentary evidence, physical evidence, witness testimony, audio-visual materials, computer data, identification conclusions and so on, the proof should have the evidence to provide the person's signature and indicate the source of the evidence;-whether the same fact has been reported to other administrative organs or brought to the people's Court. The important evidence of the initiative to provide monopoly agreement will be lenient treatment of the industrial and commercial administrative organs to deal with monopoly agreements, abuse of market dominance cases procedure provisions, the operator on the initiative to the Antimonopoly law enforcement agencies to report the relevant circumstances of the agreement and provide important evidence,　　Antitrust enforcement agencies may, where appropriate, mitigate or waive penalties for the operator, but the organizer of the monopoly agreement does not apply this leniency.　　In order to enhance operability, the above provisions also describe the meaning of "important evidence" and point out that "important evidence" should be evidence that can initiate an investigation or play a key role in determining the behavior of a monopolistic agreement. According to the director of the Competition Law Enforcement Bureau, the monopoly agreement is usually carried out secretly, it is difficult to be found.　　The aim is to encourage monopoly agreement participants to report the situation, so that the law enforcement agencies can find the case clues and evidence in time, effectively investigate and deal with the monopoly agreement behavior. At present, the leniency system has become an important system for foreign antitrust enforcement agencies to seize the monopoly agreement cases.　　The official said.　　To investigate and punish abuse of administrative power to exclude and restrict the right of competition in the higher authorities in accordance with the relevant provisions of anti-monopoly law, to investigate abuses of administrative power to exclude, restrict competition behavior of the authority of the higher authorities, the anti-monopoly law enforcement agencies do not have the right to punish the act, but have the right to Accordingly, the industrial and commercial administrative organs to prevent abuse of administrative power to exclude, restrict competition behavior procedures provisions, the general administration of Industry and Commerce Department of the State Council, the provincial People's government abuse of administrative power to exclude, limit competition, can be submitted to the State Council to deal with the recommendations of law;　　If an organization authorized by law to administer the functions of the public affairs of the whole country abuses the exclusion of administrative power and restricts competition, it may propose to the organs administering the Organization to deal with the law. The provincial Bureau of Commerce and Industry shall propose to the relevant higher authorities to deal with the abuse of administrative power by the departments of the provincial People's government and the local people's governments and their departments, and the administrative authority may make suggestions for dealing with them according to law Recommendations for dealing with the law should be made available to the organs administering the Organization.