公用事业领域反垄断指南出台 细化垄断行为认定规则

Core Viewpoint - The State Administration for Market Regulation has issued the "Antitrust Guidelines for the Public Utilities Sector," aimed at clarifying antitrust enforcement and compliance in the public utilities sector to prevent monopolistic behaviors and maintain fair market competition [1][2]. Group 1: Guidelines Overview - The guidelines consist of seven chapters with 50 articles covering general principles, monopolistic agreements, abuse of market dominance, operator concentration, fair competition review, abuse of administrative power to eliminate competition, and applicable legal responsibilities [1]. - The identification of market dominance in the public utilities sector will consider the natural monopoly characteristics and franchise operating models, focusing on the operators' control over physical networks or other critical infrastructure [1][2]. Group 2: Monopolistic Behaviors - The guidelines detail common monopolistic behaviors in industries such as bottled liquefied gas, and the public utilities sectors (water, electricity, gas, heating) that often involve restrictive trading, bundling, and unreasonable trading conditions [2]. - The guidelines emphasize that public utility operators may extend their monopolistic advantages to competitive sectors, which necessitates a systematic approach to enhance the scientific, targeted, and effective nature of antitrust enforcement [2]. Group 3: Compliance and Risk Management - The guidelines encourage public utility operators to strengthen antitrust compliance frameworks, establish effective management systems to identify potential antitrust legal risks, and implement corresponding preventive and remedial measures [3].