《关于公用事业领域的反垄断指南》公开征求意见

Core Viewpoint - The State Administration for Market Regulation (SAMR) has released a draft guideline on antitrust regulations in the public utility sector, aiming to enhance market competition, protect consumer interests, and ensure compliance with the Antitrust Law of the People's Republic of China [1][2]. Group 1: Purpose and Basis - The guideline aims to prevent and curb monopolistic behaviors in the public utility sector, guiding operators to strengthen antitrust compliance and enhance regulation in natural monopoly areas [2]. - It is based on the Antitrust Law and other legal provisions [2]. Group 2: Definition of Public Utilities - Public utilities refer to a series of industries that provide essential goods or services to the public, including water supply, electricity, gas, heating, sewage treatment, waste disposal, broadcasting, and public transportation [3]. Group 3: Basic Principles - The enforcement of antitrust regulations in the public utility sector will adhere to principles such as maintaining fair competition, scientific regulation, enhancing public welfare, and supporting high-quality development [5][6]. Group 4: Antitrust Compliance - Public utility operators are encouraged to strengthen antitrust compliance management systems to effectively identify potential legal risks and take preventive measures [7]. Group 5: Market Definition - The guideline outlines the criteria for defining relevant product and geographic markets in the public utility sector, considering factors like demand substitution and the characteristics of natural monopolies [8][9]. Group 6: Monopolistic Agreements - The guideline provides a framework for identifying monopolistic agreements in the public utility sector, referencing specific articles of the Antitrust Law [11]. - It details horizontal and vertical monopolistic agreements that may arise among public utility operators [12][14]. Group 7: Abuse of Market Dominance - The guideline outlines the framework for identifying abuse of market dominance, including unfair pricing and refusal to deal, and emphasizes the need for justifications for such behaviors [20][22]. Group 8: Operator Concentration - Public utility operators can legally implement concentration through fair competition and voluntary cooperation, but must adhere to reporting standards set by the State Council [33][35]. Group 9: Fair Competition Review - Administrative bodies must conduct fair competition reviews for policies affecting public utility operators to ensure equal access to production factors and fair market participation [40]. Group 10: Legal Responsibilities - Public utility operators and industry associations violating the Antitrust Law will face legal consequences, and the enforcement agency will consider the implementation of compliance management systems during investigations [50][51].