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我国反垄断执法领域首部裁量权基准公布
Xin Jing Bao· 2025-03-25 11:58
Core Viewpoint - The release of the first administrative penalty discretion benchmark for antitrust enforcement in China aims to enhance the clarity, fairness, and authority of antitrust regulations, addressing common concerns among business entities regarding violations and penalties [1][4]. Group 1: Overview of the Benchmark - The benchmark consists of 18 articles and includes 7 case examples, combining legal provisions with practical cases to clarify the application of penalties for violations of antitrust laws [1][2]. - It summarizes practical experiences in enforcing penalties for illegal business concentrations, addressing issues such as violation circumstances, mitigating and aggravating factors, and the extent of penalties [1][2]. Group 2: Key Features of the Benchmark - The benchmark specifies five applicable scenarios for illegal business concentrations, including failure to report when required and violations of conditional approvals [2][3]. - It emphasizes compliance incentives, allowing for penalty reductions if businesses actively rectify violations and implement effective antitrust compliance management systems [3]. Group 3: Impact on Enforcement - The benchmark aims to standardize administrative discretion, which is crucial for building a rule-of-law government and enhancing the uniformity and authority of antitrust enforcement [4][5]. - By detailing penalty steps, initial amounts, and adjustment factors, the benchmark seeks to align penalties with the nature and severity of violations, thereby improving the transparency and scientific basis of enforcement [6].