涉及反垄断执法,市场监管总局发布新规
21世纪经济报道·2025-12-19 09:30

Core Viewpoint - The article discusses the recent modifications to the "Provisions on Prohibiting Monopoly Agreements" by the State Administration for Market Regulation, which will take effect on February 1, 2026. The changes clarify the market share standards and other conditions under which certain vertical monopoly agreements will not be prohibited, aiming to stabilize market expectations and maintain fair competition [1][4]. Summary by Sections Background of the Modification - The modifications are in response to the 2022 amendment of the Anti-Monopoly Law, which allows operators to prove that their market share is below the standards set by the State Council's anti-monopoly enforcement agency to avoid prohibition. The State Administration for Market Regulation has established specific market share standards and conditions to implement this law effectively [4][5]. Market Share Standards and Conditions - The new provisions specify that for vertical agreements that fix or limit resale prices, operators will not be prohibited if their market share is below 5% and the sales revenue of the involved products is below 100 million yuan. For other vertical agreements, the threshold is set at a market share of below 15%, with no sales revenue condition [6][8]. Requirements for Operators - Both the operators and their trading counterparts must meet the relevant standards and conditions for the agreements. If multiple trading counterparts are involved, their market shares and sales revenues must be combined for assessment [8]. Evidence Submission - Operators are required to provide evidence demonstrating compliance with the market share standards and other conditions. This includes details about the agreement, the operational status of the parties involved, and their respective market shares and sales revenues [8][9]. Legal Consequences - The provisions outline the review process and legal consequences for vertical agreements that meet the market share standards and other conditions. If the agreements are compliant, they will not be investigated or, if already under investigation, the inquiry will be terminated [9].