On 29 December, the National Development and Reform Commission (NDRC) promulgated the Anti-price Fixing Provisions (substantive provisions) and the Anti-price Fixing Law Enforcement Administrative Procedures Provisions (procedural provisions).
Both sets of provisions came into effect on 1 February 2011.
The substantive provisions
Acts defined as price fixing by the substantive provisions include: (1) where business operators reach a price-fixing agreement; (2) where business operators with a dominant market position use pricing to eliminate or restrict competition; and (3) where executive organs and organizations authorized by laws or regulations to administer public affairs abuse administrative power in terms of price to eliminate or restrict competition.
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Business Law Digest is compiled with the assistance of Haiwen & Partners. The authors can be emailed at baochen@haiwen-law.com. Readers should not act on this information without seeking professional legal advice.
