Often, a public official of the Housing and Construction Bureau is placed on file for investigation for violation of regulations, and the main body of the Housing and Construction Bureau is rarely placed on file for investigation..
The Changzhou Housing and Urban-Rural Development Bureau was placed on file for investigation:
According to the report, the Jiangsu Provincial Market Supervision Bureau has filed an investigation into the suspected abuse of administrative power by the Changzhou Housing and Urban-Rural Construction Bureau to exclude and restrict competition.
After investigation, at the end of 2019, through public bidding, the parties decided to take a company as the chief insurer and four insurance institutions as co-insurers to form a co-insurance body for the demonstration project of safety production liability insurance in Changzhou construction industry. On April 17, 2020, the parties took the lead in issuing the Notice on Safety Production Liability Insurance for Construction in Our City (Permanent Residence Construction [2020] 78), which stipulates that from May 1, 2020, new construction, reconstruction, expansion of housing construction, municipal infrastructure projects and rail transit projects that apply for construction permits in the whole city shall be completed. Project construction enterprises must insure Changzhou construction safety production liability insurance with the co-insurance body formed by the above five insurance companies. According to the
Jiangsu Provincial Market Regulatory Bureau, the parties concerned restrict the behavior of newly started construction enterprises to insure the construction safety production liability insurance in the co-insurance body composed of designated insurance companies, which excludes and restricts the competition in the construction safety production liability insurance market in Changzhou area. In violation of Article 32 of the Anti-monopoly Law of the People's Republic of China before the amendment, "Administrative organs and organizations authorized by laws and regulations with the functions of managing public affairs shall not abuse their administrative power, limit or disguise the operation, purchase and use of commodities provided by their designated operators by units or individuals" and Article 37 "Administrative organs". The formulation of "provisions containing the content of excluding or restricting competition" constitutes an abuse of administrative power to exclude or restrict competition. During the
investigation period, the parties actively rectified, took active measures to stop the relevant acts, eliminated the relevant consequences, and issued the Notice on the Handling of Construction Safety Liability Insurance in Our City. It stipulates that any insurance institution with the qualification of safety production liability insurance business and the corresponding ability of wind control service can undertake the construction safety production liability insurance business, and that whether to handle the construction safety production liability insurance shall not be the precondition for applying for the construction permit, and that the premium rate of construction safety production liability insurance shall be decided by both parties through consultation.
Previously, There are also related cases:
Hebi Housing and Construction Bureau was placed on file for investigation:
After investigation, on August 25, 2020, On its official website, the party concerned issued the Notice of Hebi Housing and Urban-Rural Construction Bureau on the Issuance of the Regulations on the Supervision and Management of Construction and Municipal Infrastructure Projects in Hebi City (Hejian [2020] No.39), which stipulates that "local supervision enterprises can undertake construction supervision projects or whole process consultation at a higher level than their own qualifications (according to Article 6 of Henan Construction Office [2019] No.343)." Project management. Foreign supervision enterprises are encouraged to set up branches in our city. Where a branch company is established, the branch company may enjoy preferential policies for local enterprises. "" The construction unit may give priority to entrusting a supervision unit with supervision qualification in this city to implement construction project supervision, whole-process consultation or project management services. For a project subject to invitation for bidding, the construction unit shall give priority to inviting local supervision enterprises and shall not be less than three. ".
Henan Provincial Market Supervision Bureau believes that, as an administrative organ, the parties concerned issue documents requiring priority to entrust local supervision enterprises, which affects the independent choice of local construction units in choosing supervision enterprises, and excludes or restricts other foreign supervision enterprises with qualified qualifications and service capabilities in the city's construction project supervision market. It hinders fair competition in the relevant market. The above-mentioned acts of the parties violate Article 37 of the Anti-monopoly Law of the People's Republic of China before the amendment, which stipulates that "administrative organs shall not abuse their administrative power to formulate provisions containing the content of excluding or restricti ng competition", and constitute the abuse of administrative power to exclude or restrict competition. During the
investigation, the parties concerned actively rectified and eliminated the adverse effects, publicly abolished the above-mentioned documents, earnestly studied the relevant laws and regulations such as the Anti-monopoly Law of the People's Republic of China and the Detailed Rules for the Implementation of the Fair Competition Review System, and strengthened the fair competition review.
Fuzhou Jinan District Urban and Rural Construction Bureau was placed on file for investigation:
After investigation, on June 16, 2020, the parties concerned issued the Announcement on the List of Candidates for the Third Batch of Small-scale Project Contracting Enterprises in Jin'an District, which set the qualification of candidates for small-scale project contracting enterprises in Jin'an District as "enterprises registered in the administrative jurisdiction of Jin'an District". According to the conditions set by the announcement and the requirements of the selection procedure, the parties concerned established a candidate database of small-scale project contracting enterprises in July 2020, all of which are enterprises registered within the administrative jurisdiction of Jin'an District.
Fujian Provincial Market Regulatory Bureau believes that the parties concerned have not treated the relevant market entities in different regions equally according to law when fulfilling the administrative functions and powers of comprehensive management of the construction of the whole region, and have set up the qualifications of "enterprises registered in the administrative jurisdiction of Jin'an District" for small-scale project contracting candidate enterprises. Under the same conditions, it restricts the market participants outside the region to enter the bidding, construction and operation of small-scale project contracting in Jin'an District, and has the effect of excluding and restricting the market competition in the field of small-scale project contracting. The above-mentioned acts violate Article 37 of the Anti-monopoly Law of the People's Republic of China, which stipulates that "administrative organs shall not abuse their administrative power to formulate provisions containing the content of excluding or restricting competition", and constitute the abuse of administrative power to exclude or restrict competition, which shall be corrected in accordance with the law.
According to Article 51 of the Anti-monopoly Law of the People's Republic of China, "Where an administrative organ or an organization authorized by laws and regulations with the function of managing public affairs abuses its administrative power to eliminate or restrict competition, it shall be ordered by the higher authorities to make corrections, and the directly responsible persons in charge and other directly responsible persons shall be punished.". The anti-monopoly law enforcement agency may issue an administrative proposal to the people's government of Jin'an District and put forward suggestions for handling according to law in accordance with the provisions of "putting forward suggestions for handling according to law to the relevant higher authorities": First, it shall be ordered to correct the relevant acts and immediately abolish the relevant documents such as "registered in Jin'an District" and other policy measures. Second, we should establish and improve the working system of the fair competition review process and conscientiously implement the fair competition review mechanism. Third, draw inferences about other cases from one instance and conduct comparative investigation. To strengthen the supervision and guidance of the follow-up behavior of the parties, we should treat the relevant market subjects in different regions equally according to law for the policies and measures related to the economic activities of the market subjects, and prevent the abuse of administrative power to exclude and restrict competition.
Haining Housing and Urban-Rural Development Bureau was placed on file for investigation:
2021, the Haining Housing and Construction Bureau, in the name of the Haining Construction Safety Committee, Jiaxing Jianxin Engineering Cost Consulting Firm Co., Ltd. was entrusted to publish the Announcement of Public Bidding and Procurement for the Community Project of Safety Production Liability Insurance in the Construction Field of Haining City (Non-governmental Procurement Project) on the working website of Haining Branch Center of Jiaxing Public Resources Trading Center. It is stipulated that the project shall be a co-insurance body composed of three or more commercial insurance companies registered in China, Jiaxing Central Branch or Jiaxing Branch (the composition and share of the members of the co-insurance body shall be specified), and it is required to participate in the bidding in the name of the chief insurer. On November 23,
2021, the co-insurance body composed of four insurance companies won the bid to become the co-insurance body of the safety and liability insurance insurer in the construction field of Haining City for a period of three years.On November 30, 2021, the Haining Housing and Construction Bureau issued the Supplementary Notice on Implementing the Safety Production Liability Insurance System in the Construction Field of Haining City, clarifying the composition of the co-insurance body and the place where the insurance is handled. It also requires that "all newly started housing construction and municipal infrastructure projects that meet the requirements of construction permit processing should be insured in the project as a unit before the start of construction, and those who fail to participate in the insurance according to the regulations will be strictly punished in accordance with Article 109 of the Safety Production Law of the People's Republic of China." As of January 14, 2022, a total of 39 construction projects have been insured with the co-insurance body. According to
the Zhejiang Provincial Market Regulatory Bureau, the Haining Housing and Construction Bureau and other tenders have determined that the co-insurance body underwrites the construction safety liability insurance business in the whole city, and issued a document requiring new construction enterprises to insure the construction safety liability insurance in the co-insurance company before applying for the construction license. It deprives construction enterprises of the right to choose construction safety liability insurance companies independently, excludes other insurance companies outside the co-insurance body from participating in the market competition of construction safety liability insurance in Haining City, and restricts the relevant market competition. The above-mentioned acts violate Article 32 of the Anti-monopoly Law of the People's Republic of China, which States that "administrative organs and organizations authorized by laws and regulations with the functions of managing public affairs shall not abuse their administrative power, limit or disguise the operation, purchase and use of commodities provided by their designated operators by units or individuals" and Article 37 of the Anti-monopoly Law of the People's Republic of China. The formulation of "provisions containing the content of excluding or restricting competition" constitutes an abuse of administrative power to exclude or restrict competition. According to Article 51 of the Anti-monopoly Law of the People's Republic of China,
Zhejiang Provincial Market Supervision Bureau shall order the higher authorities to correct the abuse of administrative power by administrative organs and organizations authorized by laws and regulations with the functions of managing public affairs to eliminate or restrict competition; The directly responsible persons in charge and other directly responsible persons shall be punished according to law. The anti-monopoly law enforcement agency may make suggestions to the relevant higher authorities for handling according to law, and issue administrative proposals to the Haining Municipal People's Government. Put forward suggestions in accordance with the law:
First, order Haining Housing and Urban-Rural Development Bureau, Haining Emergency Management Bureau and Haining Supervision Group of Jiaxing Branch of China Banking and Insurance Regulatory Commission to correct the abuse of administrative power to exclude and restrict competition, abolish or amend relevant documents, restore fair competition in the construction safety liability insurance market, and announce the rectification results.
Second, earnestly study and implement the Anti-monopoly Law of the People's Republic of China, the Opinions of the State Council on Establishing a Fair Competition Review System in the Construction of the Market System, and the Opinions of the People's Government of Zhejiang Province on Establishing a Fair Competition Review System in the Construction of the Market System, so as to establish and improve the work of fair competition review. We will further standardize administrative actions and safeguard a fair competitive market environment in accordance with the law.
Thirdly, we should strengthen organizational leadership, implement the fair competition review system in an all-round way, and prevent the abuse of administrative power to exclude and restrict market competition.
The Helan County Housing and Urban-Rural Development Bureau was placed on file for investigation:
the Market Supervision Department of the Ningxia Hui Autonomous Region corrected the Helan County Housing and Urban-Rural Development Bureau's abuse of administrative power to exclude and restrict competition. On December 30,
2021, the Market Supervision Department of Ningxia Hui Autonomous Region investigated the suspected abuse of administrative power to exclude and restrict competition by the Housing and Urban-Rural Construction Bureau of Helan County, Yinchuan City.
After investigation, on May 9, 2017, the parties concerned issued the Notice on Defining the Subject of Construction and Acceptance of Cable Television Projects in Helan County, which clearly stipulated that "all cable television projects in Helan County shall be constructed by a company". According to the Market Supervision Office of
Ningxia Hui Autonomous Region, the party concerned designated a company as the construction and acceptance unit of cable TV projects within the jurisdiction of Helan County, depriving the real estate development enterprises of the right to choose the construction unit independently, excluding and restricting the participation of other operators in the relevant local market competition, and hindering the fair competition in the market. Article 32 of the Anti-monopoly Law of the People's Republic of China stipulates that "administrative organs and organizations authorized by laws and regulations with the functions of managing public affairs shall not abuse administrative power to restrict or disguise the operation, purchase and use of commodities provided by their designated operators by units or individuals", which constitutes an abuse of administrative power to exclude and restrict competition. During the
investigation, the parties concerned realized that the above-mentioned acts violated the relevant provisions of the Anti-monopoly Law of the People's Republic of China, and actively rectified and eliminated the adverse effects.
First, the relevant documents have been abolished. The parties concerned issued the Decision on Abolition and abolished the document. The second is to standardize the construction and acceptance of limited television. Third, carry out document clearance.
浙公网安备33010802003254号