市场监管总局修订发布制止滥用行政权力排除、限制竞争行为规定

Core Viewpoint - The National Market Supervision Administration (NMSA) has revised the regulations to prevent the abuse of administrative power that excludes or restricts competition, enhancing the unified enforcement of antitrust laws across the country [23][24]. Group 1: Regulatory Framework - The revised regulations will take effect on February 1, 2026, and aim to strengthen the enforcement of antitrust laws by clarifying the responsibilities of the NMSA and provincial market supervision departments [1][34]. - The NMSA is responsible for investigating significant cases of abuse of administrative power that affect the national market, while provincial departments handle local cases [2][3]. Group 2: Enforcement Mechanisms - The regulations specify that administrative bodies and organizations authorized to manage public affairs must not abuse their power to limit competition through various means, such as imposing discriminatory practices or restricting market access [4][5][6]. - The NMSA can delegate investigation responsibilities to provincial departments, which must report cases that fall outside their jurisdiction or require higher-level intervention [3][12]. Group 3: Reporting and Investigation - Any individual or organization can report suspected abuses of administrative power to the antitrust enforcement agencies, which are required to keep the identity of whistleblowers confidential [7][8]. - The regulations outline the necessary steps for reporting, including providing relevant facts and evidence, and mandate timely investigations by the enforcement agencies [13][14]. Group 4: Accountability and Penalties - The revised regulations introduce stricter accountability measures for individuals responsible for abusive practices, including potential disciplinary actions against those who fail to comply with fair competition reviews [28][29]. - The NMSA is empowered to issue administrative recommendations to address identified abuses, which may include stopping harmful practices and modifying relevant agreements [13][14][30]. Group 5: Integration with Fair Competition Review - The regulations emphasize the need for coordination with the Fair Competition Review System to ensure that administrative actions do not undermine market competition [24][29]. - The enforcement agencies are required to conduct fair competition reviews before implementing policies that could restrict competition, enhancing the overall regulatory framework [29][30].