《制止滥用行政权力排除、限制竞争行为规定》发布 一图读懂

Core Viewpoint - The article discusses the necessity of revising regulations to enhance fair competition and strengthen anti-monopoly enforcement in response to the directives from the 20th National Congress of the Communist Party of China and subsequent plenary sessions [6][10]. Group 1: Revision Necessity - The revision is essential to implement the spirit of the 20th National Congress and the third and fourth plenary sessions, which emphasize improving the foundational systems of market economy and reinforcing anti-monopoly measures [6]. - There is a need to refine the legal responsibilities related to the anti-monopoly law, enhance enforcement authority, and improve the operability of relevant rules to better serve the overall objectives of the market [7]. Group 2: Fair Competition and Administrative Power - It is crucial to integrate fair competition review with the enforcement against the abuse of administrative power to effectively prevent and stop behaviors that exclude or restrict competition [10]. - The article highlights the evolution of new types of market intervention, such as using local performance and tax contributions as credit evaluation criteria, which complicates the identification of illegal activities by anti-monopoly enforcement agencies [12]. Group 3: Enforcement Measures - The revision aims to enrich the forms of illegal behavior and improve enforcement transparency and visibility, particularly addressing new typical local "small loops" that improperly interfere with market competition [14]. - New provisions state that if an investigated entity has regulations that contain exclusionary or restrictive competition content and has not conducted fair competition reviews as required, anti-monopoly enforcement agencies should initiate legal proceedings [18]. Group 4: Investigation and Accountability - The article specifies that anti-monopoly enforcement agencies can legally require relevant entities and individuals to provide necessary materials and information within a specified timeframe to support their investigations [21]. - It emphasizes that investigations cannot be concluded through rectification if the investigated entity falls under specific conditions, thereby strengthening constraints on enforcement agencies and the entities being investigated [25].