CCTV News: According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation recently issued the "Basics of Discretionary Administrative Penalty for Illegal Implementation of Business Concentration (Trial)" (hereinafter referred to as the "Basics").
The "Benchmark" is formulated in accordance with the "Administrative Penalty Law of the People's Republic of China", the Anti-Monopoly Law of the People's Republic of China, the Regulations of the State Council on the Application Standards for the Concentration of Operators, and the "Regulations on the Review of Concentration of Operators", etc., and adopts a combination of articles and cases, with a total of 18 articles, including 7 cases. The "Benchmark" adheres to problem-oriented approach, deeply summarizes the practical experience accumulated in the illegal implementation of administrative penalties for concentrated operators, and responds to and solves the illegal situations, slight and heavy circumstances, factors and ranges of up-and-down adjustments, etc. that are generally concerned by business entities, and responds to and solves them in a targeted manner. At the same time, we insist on taking urgent measures first, and refine and scientifically set the circumstances, steps and range of administrative penalty discretion for cases with a large number of cases in practice and mature law enforcement experience.
The "Benchmark" refines and clarifies the basis and standards for illegally implementing discretionary penalties for operators, which will help better protect the legitimate rights and interests of operators and stabilize operators' expectations; it will help to clarify rules, strengthen the deterrence of anti-monopoly systems, and guide enterprises to enhance the awareness and ability of operators' concentration; it will help to promote the normalized supervision of operators' concentration of "pre-compliance, in-process review, and post-account accountability" in an integrated manner, and create a market-oriented, law-based, and international first-class business environment.
