![]() Hainan Provincial Price Bureau), 最高人民法院 (The Supreme People’s Court of the People’s Republic of China) 2018最高法行申4675号 (2018 Supreme Court Xing Shen No. Hainan Yutai Technology Feed Ltd), 21 December 2017, 海南省高级人民法院 (Hainan High People’s Court), 2017琼行终1180 号 (2017 Qiong Xing Zhong No. 国务院反垄断委员会关于汽车业的反垄断指南(Guide of the Anti-Monopoly Committee of the State Council for Countering Monopolization in the Field of Automobile) 4 January 2019 ![]() 国务院反垄断委员会关于知识产权领域的反垄断指南(Guide of the Anti-Monopoly Committee of the State Council for Countering Monopolization in the Field of Intellectual Property Rights) 4 January 2019 ![]() 丁茂中(Ding M)(2017)原则性禁止维持转售价格的立法错误及其解决(Legislative errors in the principle of prohibition of resale price maintenance and resolutions).政治与法律(Political Science and Law) No.1:151–161 in the case of vertical monopoly agreement disputes), 1 August 2013, 上海市高级人民法院 (High People’s Court of Shanghai Municipality) 2012沪高民三(知)终字第63号 (2012 Hu Gao Min San (Zhi) Zhong Zi No. and Johnson & Johnson (China) Medical Equipment Co., Ltd. Johnson & Johnson (Shanghai) Medical Equipment Co., Ltd. in the case of vertical monopoly agreement disputes), 上海市第一中级人民法院 (First Intermediate People’s Court of Shanghai Municipality) 2010沪一中民五(知)初字第169号 (2010 Hu Yi Zhong Min Wu (Zhi) Chu Zi No. Which R, Bailey D (2021) Competition law, 10th edn. OECD Council (2019b) Recommendation of the Council Concerning Effective Action Against Hard Core Cartels OECD Council (2019a) Hub-and-spoke arrangements – Note by the United States Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the Treaty on the Functioning of the European Union (De Minimis Notice) (30 August 2014) ICN 4th Annual Conference (2005) Defining Hard Core Cartel Conduct, 6-8 June, Bonn, Germany Guidance on Restrictions of Competition “by object” for the purpose of defining which agreements may benefit from the De Minimis Notice, 25 June 2014, SWD (2014) 198 final 295Ĭommission Regulation (EU) 2022/720 of on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practicesĮlhauge E, Geradin D (2018) Global antitrust law and economics, 3rd edn. Although the new law is an improvement over the previous version, there are still issues that need to be improved further: the effect defence is difficult to apply the exemption clause lacks rationalization and clarification the penalty for organisers and supporters of monopoly agreements shall be clarified and the interpretation of “organise” in Article 19 conflicts with the word in Article 21.Īct on Prohibition of Private Monopolization and Maintenance of Fair Trade of Japan, Act No. Based on the revisions in the new law, the paper points out that by adding the effect defence, the law implies three levels of severity for monopoly agreements, and by adding the safe harbour rule, it alleviates the shortcomings of the “general prohibition and exceptional exemption” model for vertical monopoly agreements. This article summarises these changes and sets out the reasons for the changes. The new law, China’s 2022 Anti-monopoly Law, makes four main changes to the chapter on monopoly agreements. China’s Anti-monopoly Law has been amended for the first time since its implementation in 2008.
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