Since February 2011, the State Administration for Industry and Commerce (SAIC) of China has implemented three new rules, the Provisions on Prohibiting Monopoly Agreements, the Provisions on Prohibiting Abuse of Dominant Market Position and the Provisions on Prohibiting Abusing Administrative Powers to Exclude or Restrict Competition, which will act as rules supporting the Antimonopoly Law of the PRC.
The new rules provide more detailed guidance on violations of the AML, abuse of dominant market position and abuse of administrative power to eliminate and restrain competition; improve antimonopoly enforcement by administrative agencies for industry and commerce; and further perfect the basis of AML enforcement.
The rules provide specific penalties for suspected monopoly activities. Monopoly agreements already entered into will be subject to confiscation of illegal gains and a one percent to 10 percent fine of the violator's latest annual revenues. Monopoly agreements not yet entered into at the time of the new rules will be subject to confiscation of gains and a fine up to 500,000 Yuan. Abusers of a market dominant position will be subject to confiscation of illegal gains and a one percent to 10 percent fine of the abuser's latest annual revenues.