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公用事业反垄断指南将出炉 界定垄断行为边界
Core Viewpoint - The State Administration for Market Regulation has released a draft guideline on antitrust practices in the public utility sector, aiming to clarify enforcement principles and provide guidance for compliance, thereby promoting healthy development in this sector [1][2]. Group 1: Antitrust Guidelines - The guideline specifies regulations against the abuse of market dominance in the public utility sector, which includes essential services like water, electricity, gas, heating, sewage treatment, waste disposal, broadcasting, and public transportation [2][3]. - It highlights the prevalence of monopolistic behaviors in the public utility sector, particularly in water, gas, electricity, and heating industries, where operators often extend their monopolistic advantages to competitive upstream and downstream markets [2][3]. Group 2: Market Dominance Assessment - The guideline details factors for determining market dominance, considering the natural monopoly characteristics, franchise models, and public, regional, and policy-related aspects of public utilities [3]. - Key considerations include market share, competition status, control over essential infrastructure, user dependency on services, and barriers to market entry [3]. Group 3: Abuse of Market Dominance - Specific abusive practices are outlined, such as unfair pricing, refusal to deal, tying arrangements, imposing unreasonable conditions, and differential treatment [3][4]. - The guideline provides examples of limiting trading behaviors, including requiring customers to procure services exclusively from the utility provider or its designated operators [3]. Group 4: Justifiable Reasons for Actions - The guideline lists common justifiable reasons for actions that may otherwise be deemed abusive, such as compliance with laws and regulations or adherence to industry norms [4]. - It also specifies situations that generally cannot be considered justifiable, particularly in cases of refusal to deal or differential treatment [4]. Group 5: Compliance and Fair Competition - Public utility operators and industry associations are encouraged to conduct business in accordance with the Antitrust Law, promoting fair competition and voluntary cooperation to enhance market competitiveness [5]. - The guideline emphasizes that even operators below the reporting threshold may need to declare their concentration if it could restrict competition [5]. Group 6: Administrative Power and Legal Responsibility - The guideline provides clear behavioral directives for administrative agencies regarding the prohibition of actions that restrict competition, including limiting market entry and hindering free trade [6]. - It outlines the legal responsibilities of public utility operators and associations in cases of antitrust law violations, including potential leniency if actions were taken under administrative coercion [6].
《关于公用事业领域的反垄断指南》公开征求意见
Xin Jing Bao· 2025-08-20 09:12
Core Viewpoint - The State Administration for Market Regulation (SAMR) has released a draft guideline on antitrust regulations in the public utility sector, aiming to enhance market competition, protect consumer interests, and ensure compliance with the Antitrust Law of the People's Republic of China [1][2]. Group 1: Purpose and Basis - The guideline aims to prevent and curb monopolistic behaviors in the public utility sector, guiding operators to strengthen antitrust compliance and enhance regulation in natural monopoly areas [2]. - It is based on the Antitrust Law and other legal provisions [2]. Group 2: Definition of Public Utilities - Public utilities refer to a series of industries that provide essential goods or services to the public, including water supply, electricity, gas, heating, sewage treatment, waste disposal, broadcasting, and public transportation [3]. Group 3: Basic Principles - The enforcement of antitrust regulations in the public utility sector will adhere to principles such as maintaining fair competition, scientific regulation, enhancing public welfare, and supporting high-quality development [5][6]. Group 4: Antitrust Compliance - Public utility operators are encouraged to strengthen antitrust compliance management systems to effectively identify potential legal risks and take preventive measures [7]. Group 5: Market Definition - The guideline outlines the criteria for defining relevant product and geographic markets in the public utility sector, considering factors like demand substitution and the characteristics of natural monopolies [8][9]. Group 6: Monopolistic Agreements - The guideline provides a framework for identifying monopolistic agreements in the public utility sector, referencing specific articles of the Antitrust Law [11]. - It details horizontal and vertical monopolistic agreements that may arise among public utility operators [12][14]. Group 7: Abuse of Market Dominance - The guideline outlines the framework for identifying abuse of market dominance, including unfair pricing and refusal to deal, and emphasizes the need for justifications for such behaviors [20][22]. Group 8: Operator Concentration - Public utility operators can legally implement concentration through fair competition and voluntary cooperation, but must adhere to reporting standards set by the State Council [33][35]. Group 9: Fair Competition Review - Administrative bodies must conduct fair competition reviews for policies affecting public utility operators to ensure equal access to production factors and fair market participation [40]. Group 10: Legal Responsibilities - Public utility operators and industry associations violating the Antitrust Law will face legal consequences, and the enforcement agency will consider the implementation of compliance management systems during investigations [50][51].
市场监管总局拟出台新规 规范城镇供水供电供气公用企业计量
Core Viewpoint - The State Administration for Market Regulation has released a draft guideline for compliance in the metering behavior of public utilities providing water, electricity, and gas services in urban areas, inviting public feedback until September 3 [1] Group 1: Guideline Overview - The guideline integrates requirements from the metering law, relevant regulations, mandatory national standards, and technical specifications for public utility metering behavior [1] - It consists of three main sections: general principles, compliance requirements for metering behavior, and supplementary provisions, totaling seven chapters and 24 articles [1] Group 2: Scope and Requirements - The guideline applies to public utilities engaged in the provision of water, electricity, and gas services within urban areas, specifically defining "metering instruments" as residential water, electricity, and gas meters used for trade settlement [1] - Public utilities are required to establish comprehensive metering management systems and enhance the full lifecycle management of metering instruments, ensuring traceability from procurement to disposal [1] - The guideline emphasizes the collection and monitoring of metering data and encourages data integration with regulatory platforms of relevant departments [1] Group 3: Rural Considerations - The guideline acknowledges the similarities in metering management between urban and rural public utilities, suggesting that rural utilities can refer to the guideline for their metering activities [1]
供水供电供气公用企业计量指南征求意见
Zhong Guo Xin Wen Wang· 2025-08-07 08:40
市场监管总局发布网络交易平台收费指南 市场监管总局修订三项信用监管国家标准 市场监管总局:上半年国内企业并购较为活跃 提出公用企业计量行为合规要求,规范企业行为。《指南》要求公用企业健全计量管理制度,落实部门 职责与人员责任;强化计量器具全流程管理,覆盖选型、检定、出入库、轮换、报废等环节;规范台账 管理,确保计量器具从采购到报废全流程可追溯;强调计量数据归集与监测,鼓励与相关部门监管平台 实现数据对接;优化完善投诉与舆情处置机制,明确响应时限与报告要求。同时,结合市场监管总局 《关于推进诚信计量体系建设的指导意见》《关于加强计量数据管理和应用的指导意见》,对公用企业 诚信计量体系建设、计量数据应用提出相应要求。 明确实施效力。《指南》明确规定自发布之日起施行。同时,考虑到对乡村供水供电供气的公用企业在 计量管理方面与城镇具有一定的相似性,提出对乡村供水供电供气的公用企业的计量活动可参照本《指 南》实施,有利于促进城乡公用事业的均衡发展,提升乡村居民的生活质量。 市场监管总局将根据社会公开征求意见反馈情况完善《指南》内容,尽快出台实施,为供水、供电、供 气公用企业计量行为提供清晰指引,助力解决群众身边的水电气 ...
市场监管总局拟对城镇供水供电供气 公用企业计量行为出台新规
Xin Hua She· 2025-08-07 06:39
Core Viewpoint - The State Administration for Market Regulation has released a draft guideline for compliance in the metering behavior of public utilities providing water, electricity, and gas services in urban areas, seeking public feedback until September 3 [1] Group 1: Guideline Overview - The guideline integrates requirements from the metering law, relevant regulations, mandatory national standards, and technical specifications for public utility metering behavior, structured into three parts: general principles, compliance requirements, and supplementary provisions, comprising seven chapters and 24 articles [1] - It specifically targets public utilities in urban areas that provide water, electricity, and gas services, defining "metering instruments" as residential water, electricity, and gas meters used for trade settlement [1] Group 2: Compliance Requirements - Public utilities are required to establish a sound metering management system, enhance the full-process management of metering instruments, and ensure traceability from procurement to disposal [1] - The guideline emphasizes the collection and monitoring of metering data and encourages data integration with regulatory platforms of relevant departments [1] Group 3: Rural Utilities Consideration - The guideline acknowledges the similarities in metering management between urban and rural public utilities, suggesting that rural utilities can refer to the guideline for their metering activities [1] Group 4: Implementation and Consumer Protection - The State Administration for Market Regulation will refine the guideline based on public feedback and aims to implement it promptly, providing clear guidance for metering behavior in public utilities, thereby addressing consumer issues related to water, electricity, and gas metering and protecting consumer rights and public interests [1]
市场监管总局拟规范城镇供水供电供气企业计量行为
Zheng Quan Shi Bao· 2025-08-06 22:07
Core Viewpoint - The State Administration for Market Regulation has released a draft guideline for compliance in the metering behavior of public utilities providing water, electricity, and gas services in urban areas, seeking public feedback until September 3 [1] Group 1: Guideline Overview - The guideline integrates compliance requirements from the metering law and relevant regulations, national standards, and technical specifications for public utility metering behavior, structured into three parts: general principles, compliance requirements, and appendices, comprising seven chapters and 24 articles [1] - It specifically applies to public utilities in urban areas that provide water, electricity, and gas services, defining "metering instruments" as residential water, electricity, and gas meters used for trade settlement [1] Group 2: Compliance Requirements - Public utilities are required to establish a sound metering management system, enhance the full-process management of metering instruments, and ensure traceability from procurement to disposal [1] - The guideline emphasizes the collection and monitoring of metering data and encourages data integration with regulatory platforms of relevant departments [1] Group 3: Rural Utilities Consideration - The guideline acknowledges the similarities in metering management between urban and rural public utilities, suggesting that rural utilities can refer to the guideline for their metering activities [1] Group 4: Implementation and Consumer Protection - The State Administration for Market Regulation will refine the guideline based on public feedback and aims to implement it promptly, providing clear guidance for metering behavior in public utilities, thereby addressing consumer concerns regarding water, electricity, and gas metering and protecting consumer rights and public interests [1]
市场监管总局拟对城镇供水供电供气公用企业计量行为出台新规
Xin Hua She· 2025-08-06 09:20
考虑到对乡村供水供电供气的公用企业在计量管理方面与城镇具有一定的相似性,指南提出对乡村 供水供电供气的公用企业的计量活动可参照指南实施。 市场监管总局将根据社会公开征求意见反馈情况完善指南内容,尽快出台实施,为供水供电供气公 用企业计量行为提供清晰指引,助力解决群众身边的水电气表计量问题,切实维护消费者合法权益和社 会公共利益。 新华社北京8月6日电(记者赵文君)记者6日从市场监管总局获悉,近日市场监管总局发布《城镇 供水供电供气公用企业计量行为合规指南(征求意见稿)》,面向社会公开征求意见,意见反馈截止日 期为9月3日。 指南涵盖了城镇范围内从事供水供电供气服务的公用企业,将"计量器具"限定为用于贸易结算的城 镇居民水电气用量测量的民用水电气表,要求公用企业健全计量管理制度,强化计量器具全流程管理, 确保计量器具从采购到报废全流程可追溯,强调计量数据归集与监测,鼓励与相关部门监管平台实现数 据对接。 据介绍,指南是对计量法及水电气行业相关法律法规、强制性国家标准、计量技术规范中公用企业 计量行为合规要求的系统整合,分为总则、计量行为合规要求、附则三部分,共七章24条。 ...
市场监管总局就《城镇供水供电供气公用企业计量行为合规指南》公开征求意见
Zhong Guo Xin Wen Wang· 2025-08-06 09:07
Core Viewpoint - The Market Supervision Administration has released a draft guideline for compliance in the metering behavior of public utilities providing water, electricity, and gas services, seeking public feedback until September 3 [1][2]. Group 1: Guideline Overview - The guideline integrates requirements from the Measurement Law and related regulations, covering public utilities in urban areas that provide water, electricity, and gas services [1]. - It consists of three main sections: general principles, compliance requirements for metering behavior, and supplementary provisions, totaling seven chapters and 24 articles [1]. Group 2: Compliance Requirements - Public utilities are required to establish comprehensive metering management systems, clarify departmental responsibilities, and ensure accountability among personnel [2]. - The guideline emphasizes the full lifecycle management of metering devices, including selection, verification, inventory management, rotation, and disposal [2]. - It mandates the establishment of traceable records for metering devices from procurement to disposal and encourages data integration with regulatory platforms [2]. Group 3: Implementation and Impact - The guideline will take effect immediately upon publication and suggests that rural public utilities can refer to these guidelines for their metering activities, promoting balanced development between urban and rural services [2]. - The Market Supervision Administration will refine the guideline based on public feedback to provide clear directives for metering practices in public utilities, aiming to protect consumer rights and public interests [2].
助力解决群众身边水电气表计量收费问题 市场监管总局公开征求意见
人民财讯8月4日电,为进一步落实城镇供水供电供气公用企业主体责任,提供明确、具体的操作规范, 有效解决当前公用企业在计量管理上存在的突出问题,推动企业强化计量管理,规范计量行为,切实维 护消费者权益和社会公共利益,市场监管总局组织起草了《城镇供水供电供气公用企业计量行为合规指 南(征求意见稿)》,现向社会公开征求意见,意见反馈截止日期为2025年9月3日。《指南》的出台, 将为公用企业计量行为提供清晰指引,助力解决群众身边的水电气表计量收费问题,推动公用事业规范 化、透明化发展,切实维护消费者合法权益和社会公共利益。 ...
新疆乌苏市市场监管局让百姓用上明白水放心电公平气
Zhong Guo Shi Pin Wang· 2025-07-30 08:54
Core Viewpoint - The Urumqi Market Supervision Administration is actively addressing issues related to inaccurate metering and non-standard charging for water, electricity, and gas services, aiming to ensure fair and transparent utility consumption for residents [1][2][3] Group 1: Regulatory Actions - The administration has implemented a comprehensive rectification initiative focusing on public utility companies, emphasizing accountability and compliance in metering practices [1] - A total of 50 water meters have been sampled and inspected in 8 residential communities, ensuring compliance with standards [1] - The administration has conducted mandatory calibration checks on 13,416 water and gas meters, providing free testing services for disputed meters [1][2] Group 2: Consumer Engagement and Education - The administration has encouraged the Xinyuan Water Supply Company to streamline its customer service hotline and establish a "multi-recheck + quick refund" mechanism to enhance consumer trust [2] - A campaign was launched in conjunction with World Metrology Day to promote metering knowledge and improve public awareness of the rectification efforts [2] - The administration has organized training sessions for six public utility companies to address metering inaccuracies and relevant regulations [3] Group 3: Future Plans and Collaborations - The Urumqi Market Supervision Administration plans to strengthen oversight of utility metering, enhance inter-departmental collaboration, and ensure accurate billing for residents [3] - A mechanism for information sharing and cooperation has been established with the Housing and Urban-Rural Development Bureau to ensure proper inspection of utility meters in new residential projects [3] - The administration is set to promote the use of new IoT gas meters to improve metering technology and service quality [3]