Core Viewpoint - The State Administration for Market Regulation has released a draft guideline on antitrust practices in the public utility sector, aiming to clarify enforcement principles and provide guidance for compliance, thereby promoting healthy development in this sector [1][2]. Group 1: Antitrust Guidelines - The guideline specifies regulations against the abuse of market dominance in the public utility sector, which includes essential services like water, electricity, gas, heating, sewage treatment, waste disposal, broadcasting, and public transportation [2][3]. - It highlights the prevalence of monopolistic behaviors in the public utility sector, particularly in water, gas, electricity, and heating industries, where operators often extend their monopolistic advantages to competitive upstream and downstream markets [2][3]. Group 2: Market Dominance Assessment - The guideline details factors for determining market dominance, considering the natural monopoly characteristics, franchise models, and public, regional, and policy-related aspects of public utilities [3]. - Key considerations include market share, competition status, control over essential infrastructure, user dependency on services, and barriers to market entry [3]. Group 3: Abuse of Market Dominance - Specific abusive practices are outlined, such as unfair pricing, refusal to deal, tying arrangements, imposing unreasonable conditions, and differential treatment [3][4]. - The guideline provides examples of limiting trading behaviors, including requiring customers to procure services exclusively from the utility provider or its designated operators [3]. Group 4: Justifiable Reasons for Actions - The guideline lists common justifiable reasons for actions that may otherwise be deemed abusive, such as compliance with laws and regulations or adherence to industry norms [4]. - It also specifies situations that generally cannot be considered justifiable, particularly in cases of refusal to deal or differential treatment [4]. Group 5: Compliance and Fair Competition - Public utility operators and industry associations are encouraged to conduct business in accordance with the Antitrust Law, promoting fair competition and voluntary cooperation to enhance market competitiveness [5]. - The guideline emphasizes that even operators below the reporting threshold may need to declare their concentration if it could restrict competition [5]. Group 6: Administrative Power and Legal Responsibility - The guideline provides clear behavioral directives for administrative agencies regarding the prohibition of actions that restrict competition, including limiting market entry and hindering free trade [6]. - It outlines the legal responsibilities of public utility operators and associations in cases of antitrust law violations, including potential leniency if actions were taken under administrative coercion [6].
公用事业反垄断指南将出炉 界定垄断行为边界
Zheng Quan Shi Bao Wang·2025-08-20 14:12