State Administration for Industry and Commerce
Anti-monopoly and Anti-Unfair Competition Bureau
Brief Introduction of Competition
Enforcement of SAIC,China
QI Shuanglin
Mar,2015
The Anti-monopoly Regulation in China
• The Anti-monopoly Law in China came into force in
Aug,2008.
• The anti-monopoly regulatory authorities in China:
 State Administration for Industry and Commerce(SAIC)
 Ministry of Commerce(MOFCOM)
 National Development and Reform Commission(NDRC)
SAIC Performance
• gradually increase the enforcement activities:
 up to now 47 cases, among which 21 closed
 announced the full-text formal decisions on our website
http://www.saic.gov.cn/
SAIC Performance
• released some follow-up regulations :
 Procedural Provisions Prohibiting Behavior Abusing Administrative Power
to Eliminate or Restrict Competition
 Procedural Provision on Investigating Cases Involving Prohibition on
Monopoly Agreements and the Abuse of Dominant Market Position
 Provision on the Prohibition of Monopolistic Agreements
 Provision on the Prohibition on the Abuse of a Dominant Market Position
 Provision on the Prohibition of the Anti-Competitive Abuse of
Administrative Power
 Provisions to Prohibit Intellectual Property Abuse to Eliminate or Restrict
Competition (Draft)
Provisions to Prohibit Intellectual Property
Abuse to Eliminate or Restrict Competition
(Draft) (II)
1. Purpose and principles:
protect the fair competition, promote the innovation, and prevent the business
operators from abusing IP rights to eliminate or restrict competition.
2. Part two prohibits the monopoly agreement in use of IP rights.
Safety Zone:
- if not the behaviors listed in the AML
- under certain market share or can be substitued
- if not eliminate or restrict the competition
Provisions to Prohibit Intellectual Property
Abuse to Eliminate or Restrict Competition
(Draft) (I)
•
Article 55 of AML：
“This law is not applicable to undertakings who exercise their
intellectual property rights in accordance with the laws and
administrative regulations on intellectual property rights；
however, this Law shall be applicable to the undertakings who
eliminate or restrict market competition by abusing their
intellectual property rights.”
Provisions to Prohibit Intellectual Property
Abuse to Eliminate or Restrict Competition
(Draft) (III)
3. Part three states undertakings that hold a dominant position
shall not abuse the position to eliminate or restrict competition
when exercising their IP rights:
- restrain a trading partner or licensee from challenging the validity of the IPR;
- continue to exercise the IPR when the patent expired.
- others
Provisions to Prohibit Intellectual Property
Abuse to Eliminate or Restrict Competition
(Draft) (IV)
4. Part four regulates the behavior of patent pools or standard
implementation to eliminate or restrict competition.
5. Part five specifies the factors that should be considered in
analyzing the abusing of IP rights.
6.Part Six sets penalties for the anti-competitive behaviors.
Thank you！
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