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"Antitrust Law" welcomes "overhaul": Internet monopoly proposed to increase the fine limit by 100 times

来源:央视网 January 06, 2020 14:19:00 Source: CCTV

CCTV News: The State Administration of Market Supervision and Administration of the People's Republic of China recently announced the revised draft of the Anti-Monopoly Law (Draft for Public Comment) on its official website. The deadline is January 31.

There are eight chapters and 64 articles in the revised draft of the "Antitrust Law" (Draft for Public Comment). Compared with the current Antimonopoly Law, there are many additional amendments. Among them, Article 21 is determined when the operator has a dominant market position. The comment draft specifically mentions that "to determine the market dominance of operators in the Internet field, factors such as network effects, economies of scale, lock-in effects, and the ability to grasp and process relevant data should be considered." Greatly improved, "Article 53 stipulates that if an operator violates the provisions of this law and concludes and implements a monopoly agreement, the anti-monopoly law enforcement agency shall order the suspension of illegal acts, confiscate the illegal income, and impose more than 100% of the previous year's sales A fine of less than 10%; for operators who did not have sales in the previous year or who have not implemented the monopoly agreement reached, they may be fined less than 50 million yuan. "Article 46 of the current Anti-Monopoly Law stipulates that In the implementation of the monopoly agreement reached, a fine of less than 500,000 yuan may be imposed. "The draft for comments states that" the trade association violates this agreement. The law stipulates that if an organization operator reaches a monopoly agreement, the anti-monopoly law enforcement agency will order it to stop the illegal behavior and may be fined less than five million yuan. The upper limit is 500,000 yuan. At the same time, the draft for comments also added provisions such as fair competition review. Article 9 of the consultation draft stipulates that the state establishes and implements a fair competition review system, regulates government administrative actions, and prevents the introduction of policies and measures that exclude or restrict competition.

[Responsible editor: Yang Yongqing]

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