2023, the General Administration of Market Supervision has adhered to the guiding ideology of socialism with Chinese characteristics in the new era of Xi Jinping, comprehensively implemented the important decision-making arrangements of the 20th National Congress of the Communist Party of China on strengthening anti-monopoly, eliminating local protection and administrative monopoly, and carried out in-depth study and implementation of the theme of socialism with Chinese characteristics in the new era of Xi Jinping. Adhering to the people-centered development idea, implementing the law enforcement concept of "supervision for the people", focusing on the prominent problems strongly reflected by the people, organizing and carrying out special anti-monopoly law enforcement actions in the field of people's livelihood, concentrating on investigating and dealing with a number of major typical monopoly cases, focusing on preventing and resolving market monopoly and administrative monopoly risks, and boosting economic development. It has achieved remarkable results in promoting the construction of a unified national market and serving the development of high quality. The third batch of typical cases of the special anti-monopoly law enforcement action in the field of people's livelihood are hereby released as follows:
1. The case of
concentration of operators (1) The General Administration of Market Supervision approved the acquisition of shares
of Beijing Tobixi Pharmaceutical Co., Ltd. by Xiansheng Pharmaceutical Co., Ltd. with restrictive conditions according to law on September 22, 2023. The General Administration of Market Supervision approved Simcere Pharmaceutical Co., Ltd. to acquire the shares of Beijing Tobixi Pharmaceutical Co., Ltd. with restrictive conditions according to law. After investigation, this concentration may have the effect of excluding and restricting competition in the Batroxobin injection market in China. Batroxobin injection is a drug to reduce fibrinogen, which is difficult to be replaced by other drugs in the treatment of full-frequency hearing loss and sudden deafness.
In view of the fact that the concentration of operators in the Batroxobin injection market in China may have the effect of excluding and restricting competition, the General Administration of Market Supervision decided to approve the concentration with additional restrictive conditions. Require Simcere Pharmaceutical and the entity after concentration to perform the following obligations: First, terminate the agreement between Simcere Pharmaceutical and DSM, the sole supplier of Batroxobin concentrate APIs in the world, for the exclusive and exclusive supply of Batroxobin APIs in China. The second is to divest Simcere Pharmaceutical's research and development of Batroxobin injection business to a qualified third party, undertake the obligation of Batroxobin API supply to the divested buyer, and provide necessary assistance for the divested buyer to reach a direct supply relationship with DSM. Thirdly, after the centralized implementation, the terminal price of Batroxobin Injection with common clinical specifications will be reduced by no less than 20% of the current online price. The four is to ensure the demand for Batroxobin injection with common clinical specifications after centralized implementation. Fifthly, if the agreement is not terminated on time, the divestiture is not completed on time or the divestiture buyer fails to implement the research and development on time, the terminal price of Batroxobin Injection with common clinical specifications will be reduced by no less than 50% of the current online price after the centralized implementation.
Medicine is closely related to people's livelihood. By attaching restrictive conditions, this case not only breaks the monopoly of upstream API sales, retains competitors for the downstream injection market, protects fair competition in the market, but also directly benefits patients. After centralized implementation, the price of Batroxobin injection is reduced by more than 20%, and the price of a single drug is reduced by about 40 yuan, which effectively protects the interests of patients.
2. Cases of
abuse of dominant market position (2) The Shanghai Municipal Market Regulatory Bureau investigated and dealt with the case
of abuse of dominant market position by four enterprises such as Shanghai Shangyao First Biochemical Pharmaceutical Co., Ltd. on December 13, 2023. (Hereinafter referred to as Shanghai Pharmaceutical Biochemical Co., Ltd.), Wuhan Huihai Pharmaceutical Co., Ltd. (Hereinafter referred to as Wuhan Huihai), Wuhan Kede Pharmaceutical Co., Ltd. (Hereinafter referred to as Wuhan Kede) and Hubei Minkang Pharmaceutical Co., Ltd. (Hereinafter referred to as Minkang Pharmaceutical Co., Ltd.) The above four enterprises shall be ordered to stop their illegal activities, confiscate 338 million yuan of illegal income from Shangyao Biochemical and impose a fine of 124 million yuan of 3% of its sales in 2022; confiscate 47.5802 million yuan of illegal income from Wuhan Huihai and impose a fine of 11.1092 million yuan of 8% of its sales in 2022; Wuhan Kede confiscated 616 million yuan of illegal income and imposed a fine of 72.5243 million yuan for 8% of its sales in 2022; Minkang Pharmaceutical confiscated 2.0457 million yuan of illegal income and imposed a fine of 3% of its sales in 2022. 12.
According to the clues handed over by the General Administration, the Shanghai Municipal Market Regulatory Bureau, after preliminary verification, investigated the four enterprises suspected of monopoly on July 31, 2023. The commodity involved in this case is polymyxin B sulfate for injection, which is mainly used to treat acute and chronic infections caused by carbapenem-resistant Gram-negative bacteria in clinic. After investigation, the relevant market in this case is defined as the market of polymyxin B sulfate for injection in China, and four enterprises exclusively produce and sell polymyxin B sulfate for injection in China, which has a dominant market position. Since December 2017, four enterprises have cooperated closely with each other and abused their dominant market position to sell polymyxin B sulfate for injection at a price of 2303-2918 yuan per bottle, which constitutes an unfair sale of goods at a high price. First, the ratio of price to production cost of polymyxin B sulfate for injection was significantly higher than that of other preparations produced by the same production line. The second is to gradually increase the price of raw materials imported from abroad at 73-94 yuan per gram to 1.8-3 yuan by arranging 38 pharmaceutical distribution companies to transfer tickets and increase prices layer by layer. The third is that the price of polymyxin B sulfate for injection far exceeds the selling price of 23-183 yuan per gram of similar products abroad. The above acts violate the provisions of Article 22, paragraph 1 (1), of the Anti-monopoly Law of the People's Republic of China. Polymyxin B sulfate for
injection is an important drug for the treatment of acute and chronic infections caused by carbapenem-resistant Gram-negative bacteria, which belongs to the medical insurance category B. In view of the severe drug resistance situation, it is regarded as the last line of defense for the treatment of such infections and is indispensable for the treatment of related diseases. The enterprises involved in the case pushed up drug prices by illegal means, which increased the cost of medical treatment for patients and the national medical insurance expenditure. The investigation and punishment of this case effectively regulated the fair competition order in the market of polymyxin B sulfate for injection, promoted the reduction of excessive drug prices, and effectively safeguarded the interests of patients and the public.
(3) On November 17,
2023, the Shanghai Municipal Market Regulatory Bureau made an administrative penalty decision on the abuse of market dominance by Jiangxi Xiangyu Pharmaceutical Co., Ltd. Jiangxi Xiangyu was ordered to stop its illegal activities and a fine of 4% of its sales in 2019 was imposed. 156.
According to the clues handed over by the General Administration, the Shanghai Municipal Market Regulatory Bureau, after preliminary verification, filed an investigation on the suspected monopoly of Jiangxi Xiangyu on November 16, 2020. The commodity involved in this case is the raw material of iodized oil, which is the main raw material for the production of iodized oil injection. Lipiodol injection is mainly used for transcatheter arterial chemoembolization in adult patients with liver cancer in the middle stage. After investigation, the relevant market of this case is defined as the sales market of iodized oil raw materials in China. By signing a cooperation agreement with the only domestic manufacturer of iodized oil raw materials and purchasing a large number of iodized oil raw materials produced by the enterprise, Jiangxi Xiangyu has basically controlled the supply of iodized oil raw materials and has a dominant position in the sales market of iodized oil raw materials in China. From June 2016 to March 2020, Xiangyu, Jiangxi Province, abused its dominant market position and gradually raised the selling price of iodized oil raw materials from 4681 yuan/kg to 13500-14500 yuan/kg, which was significantly higher than the increase in its cost and the selling price of other operators under similar market conditions. It violates the provisions of Article 17, paragraph 1 (1), of the Anti-monopoly Law of the People's Republic of China before the amendment.
Lipiodol injection, as a contrast agent commonly used in medical diagnosis, plays an important role in the interventional treatment of liver cancer. It is a national essential drug and belongs to Class a drug of medical insurance. The investigation of this case has effectively safeguarded the fair competition order in the sales market of iodized oil raw materials, guaranteed the stable supply of iodized oil injection, and safeguarded the legitimate interests of downstream pharmaceutical manufacturers, patients and social public interests.
(4) On December 8,
2023, the Shanxi Provincial Market Supervision Bureau made an administrative penalty decision on the abuse of market dominance by Datong Huarun Gas Co., Ltd. (Hereinafter referred to as Datong Huarun). Datong Huarun was ordered to stop its illegal activities and a fine of 1% of its sales in 2020 was imposed.
Shanxi Provincial Market Supervision Bureau investigated Datong Huarun's suspected monopoly on November 3, 2021, based on the clues found in the inspection of fees charged by enterprises. After investigation, the relevant market in this case is defined as the pipeline gas supply service market in the urban area of Datong City (excluding the operating area of Datong Coal Gasification Corporation) and its seven subordinate counties and Youyu County of Shuozhou City, and Datong Huarun has a dominant position in the market. From January 2019 to July 2021, Datong Huarun abused its dominant market position and, without justified reasons, limited the pipeline gas installation projects of local residential development enterprises and industrial and commercial users to be entrusted to them for construction, in violation of the provisions of Article 17, paragraph 1 (4), of the Anti-monopoly Law of the People's Republic of China before the amendment. The investigation of
this case protects the fair competition in the service market of pipeline gas installation engineering, guarantees the independent choice of relevant residential development enterprises and industrial and commercial users, and ultimately safeguards the interests of consumers and social public interests.
(5) The Market Supervision Bureau of Guangxi Zhuang Autonomous Region investigated and dealt with the case of
abuse of market dominance by Sanli Liuxian Water Supply Co., Ltd. in Shanglin County on November 13, 2023. The Guangxi Zhuang Autonomous Region Market Supervision Bureau made an administrative penalty decision on the abuse of market dominance by Shanglin Sanli Liuxian Water Supply Co., Ltd. (Hereinafter referred to as Shanglin Water Supply Co., Ltd.), ordered Shanglin Water Supply Co., Ltd. to stop its illegal activities, confiscated 153.7 million yuan of illegal income, and imposed a fine of 33.6 million yuan of 2% of its sales in 2022. Total fines and confiscations 18.According to the clues reported by Nanning Municipal Market Supervision Bureau, the
Guangxi Zhuang Autonomous Region Market Supervision Bureau investigated the suspected monopoly of Shanglin Water Supply Company on March 13, 2023 after preliminary verification. After investigation, the relevant market in this case is defined as the centralized water supply service market in Sanli Town, Shanglin County, Nanning City, and Shanglin Water Supply Company has a dominant position in the market. From August 2008 to March 2023, it abused its dominant market position and, without justification, arranged for users to fill in a pre-set format water business application form when they applied for water supply, requiring users to pay at least 8 degrees (1 degree = 1 cubic meter) in the name of "user's voluntariness", regardless of whether they used water or not, otherwise they would not be allowed to use water. The above acts violate the provisions of Article 22 (1) (5) of the Anti-monopoly Law of the People's Republic of China. As an important part of public utilities, the
water supply industry is closely related to the vital interests of the people. The investigation of this case has effectively maintained the order of the local centralized water supply service market, reduced the water cost of users, and safeguarded the interests of consumers.
3. Monopoly agreement cases
(6) Zhejiang Provincial Market Supervision Bureau investigated and dealt with 21 concrete enterprises in Xiaoshan District of Hangzhou City according to law to reach and implement the monopoly agreement bill
on July 27, 2023. (Hereinafter referred to as Hangzhou Zhenteng) and other 21 concrete enterprises have reached and implemented a monopoly agreement to make administrative penalty decisions, ordered them to stop illegal activities, played a leading organizational role in 11 enterprises such as Hangzhou Zhenteng, and imposed a penalty of 5% of sales in 2017 by the court. 141 million yuan in total; Ten enterprises, such as Hangzhou Jianta, which played a minor role in the case and could actively cooperate with the investigation, were fined 2% of their sales in 2017, totaling 0.21 parties.
It was found that 21 concrete enterprises were suspected of monopoly, and the clues of the case were handed over to the Zhejiang Provincial Market Supervision Bureau according to their functions and powers. After preliminary verification, the Zhejiang Provincial Market Regulatory Bureau investigated 21 concrete enterprises such as Hangzhou Zhenteng on suspicion of monopoly in June 2022. The commodity involved in this case is concrete, and 21 enterprises such as Hangzhou Zhenteng are competitive operators. In September 2016, the actual controllers of four enterprises, such as Zhenteng in Hangzhou, took the lead in discussing and preparing for the establishment of the Xiaoshan Concrete Association, and then held several meetings to absorb other concrete production enterprises in Xiaoshan, and unified the supply of commercial concrete for construction projects in Xiaoshan District of Hangzhou by establishing a sales platform company. For example, "quota setting to sales", "high payment and low compensation", business of more than 2000 parties must be reported to the sales platform company, private expansion of production is prohibited, and fines are imposed after violating the rules, which constitute the conclusion and implementation of monopoly agreements. The above acts violate the provisions of Article 13 of the Anti-monopoly Law of the People's Republic of China before the amendment.
Commercial concrete is closely related to people's production and life. The practice of fixing or changing commodity prices, restricting the production quantity of commodities and dividing the sales market by the enterprises involved hinders the normal functioning of the market price mechanism, excludes and restricts market competition, and restricts the right of users to freely agree on commodity trading prices. The investigation and punishment of this case restored the market order of fair competition and effectively safeguarded the interests of downstream enterprises and consumers.
(7) On October 16,
2023, Fujian Provincial Market Supervision Bureau made an administrative penalty decision on the monopoly agreement of Fuzhou Real Estate Appraisal Association, ordering the parties to correct their illegal acts and imposing a fine of 300000 yuan. According to the clues handed over by the General Administration of Market Supervision,
Fujian Provincial Market Supervision Bureau investigated the suspected monopoly of Fuzhou Real Estate Valuation Association on November 16, 2021. After investigation, in November 2019, the parties took the lead in formulating a Letter of Commitment containing the content of excluding and restricting competition, stipulating the progressive fee standard for the difference of real estate price assessment in Fuzhou area, setting different minimum discount rates according to the type of assessment, and at the same time stipulating the minimum unit price. Fixed the price of real estate appraisal services such as mortgage appraisal, bidding project (including government procurement project) appraisal, decoration appraisal and structure appraisal in Fuzhou. In August 2020, the parties concerned also formulated the Guidelines for the Quotation of Assessment Fees in the Bidding of Real Estate Assessment Projects, which unified the bidding behavior of assessment enterprises in the bidding (including pricing methods, calculation of quotations, etc.), and promoted the implementation by means of industry notification, suspension of services and economic penalties. The above acts of the parties violate the provisions of Article 16 of the Anti-monopoly Law of the People's Republic of China before the amendment.
Real estate appraisal service is an important part of the real estate industry, which plays an indispensable role in real estate transactions and investment activities. In this case, the parties, as industry associations, should have strengthened industry self-discipline and guided the operators of the industry to operate in accordance with the law and regulations, but they fixed the charging standards for real estate appraisal services by formulating the Letter of Commitment, which damaged the independent pricing power of enterprises and excluded and restricted the competition in the real estate appraisal market. The investigation and punishment of this case has protected fair competition in the market, safeguarded the vital interests of relevant operators and the people, and created a good environment conducive to the development of small and medium-sized enterprises.
(8) Henan Provincial Market Supervision Bureau shall investigate and punish Jiaozuo Second-hand Vehicle Circulation Association according to law to organize the operators of the industry to reach and implement a monopoly agreement
on December 19, 2023. Henan Provincial Market Supervision Bureau has made an administrative penalty decision on the monopoly agreement reached and implemented by 18 second-hand car trading market companies organized by Jiaozuo Second-hand Car Circulation Association according to law, ordered Jiaozuo Second-hand Car Circulation Association to make corrections, imposed a fine of 300000 yuan, and ordered 18 second-hand car trading market companies in Jiaozuo City to stop illegal activities. According to the clues handed over by the State Council Supervision Group,
Henan Provincial Market Supervision Bureau investigated Jiaozuo Second-hand Vehicle Circulation Association on September 20, 2022 for organizing operators in the industry to reach and implement monopoly agreements. After investigation, from September 2020 to August 2022, Jiaozuo Used Car Circulation Association organized 18 used car trading market companies in Jiaozuo City to reach a consensus by holding meetings, telephone calls, Wechat and interviews, and agreed that all companies would implement the same public price of used car trading service fees, and agreed on the monthly sales revenue base of each company. The sales revenue is calculated and distributed by Jiaozuo Second-hand Vehicle Circulation Association. According to the above agreement, 18 second-hand car trading market companies in Jiaozuo City have implemented the behavior of fixing or changing the price of second-hand car trading service fees, of which 12 companies have implemented the behavior of dividing the sales market by means of "high pay and low compensation" and controlling the number of invoices. The above acts of Jiaozuo Second-hand Vehicle Circulation Association violated the provisions of Article 21 of the Anti-monopoly Law of the People's Republic of China. The acts of 18 second-hand vehicle trading market companies in Jiaozuo City violated the provisions of Article 17 (1) of the Anti-monopoly Law of the People's Republic of China, and 12 of them also violated the provisions of Article 17 (3) of the Anti-monopoly Law of the People's Republic of China.
Second-hand car trading services are directly related to the vital interests of consumers. The monopolistic acts carried out by the parties in this case exclude and restrict fair competition in the market, promote the rise of service prices, and damage the interests of consumers and the legitimate rights and interests of second-hand car dealers. The investigation and punishment of this case corrected the illegal acts in time, broke the price alliance between the second-hand car trading service operators in Jiaozuo City, made the market return to orderly competition, and promoted the healthy and sustainable development of the industry norms.
(9) The Market Supervision Bureau of Hubei Province investigated and punished 11 concrete enterprises in Jingmen City according to law to reach and implement the monopoly agreement
on November 24, 2023. (Hereinafter referred to as Jingmen Feitu) and other 11 concrete enterprises have reached and implemented a monopoly agreement to make an administrative penalty decision, ordered the suspension of illegal activities, and imposed a fine of 1% of the sales in 2018 on the parties concerned respectively. According to the clues reported by the Market Supervision Bureau of Jingmen City, after preliminary verification, the Market Supervision Bureau
of Hubei Province investigated 11 concrete enterprises such as Jingmen Feitu for suspected monopoly in September 2019. The commodity involved in this case is concrete, and 11 enterprises such as Jingmen Feitu are competitive operators. After investigation, on May 13, 2019, the Office of Jingmen Working Committee (Preparatory) of Hubei Ready-mixed Concrete Association held a meeting in Jingmen City. The principal responsible persons of 11 enterprises involved in the case attended the meeting and agreed to coordinate the price increase of ready-mixed concrete in Jingmen City. After the meeting, 11 enterprises involved in the case successively sent "Price Adjustment Letter", "Price Adjustment Notification Letter" or "Negotiation Letter" to downstream enterprises, raising the price of ready-mixed concrete of various grades by 40-80 yuan per square meter, constituting a monopoly agreement reached and implemented. The above acts violate the provisions of Article 13 of the Anti-monopoly Law of the People's Republic of China before the amendment.
Commercial concrete is closely related to people's production and life. In this case, the behavior of fixing or changing commodity prices by the enterprises involved hinders the normal functioning of the market price mechanism, excludes and restricts market competition, and restricts the right of users to freely agree on transaction prices. The investigation and punishment of this case restored the market order of fair competition and effectively safeguarded the interests of downstream enterprises and consumers.
(10) Yunnan Provincial Market Supervision Bureau investigated and punished 11 brick-making enterprises in Yanshan County according to law to reach and implement a monopoly agreement
on December 18, 2023. Yunnan Provincial Market Supervision Bureau has made an administrative penalty decision on 11 brick-making enterprises such as Fuxing Shale Brick Factory in Yanshan County (hereinafter referred to as Fuxing in Yanshan) to reach and implement a monopoly agreement, ordered them to stop their illegal activities, and imposed a fine of 3% of their sales in 2019 on 11 parties. According to the clues reported by Yanshan County Market Supervision Bureau,
Yunnan Provincial Market Supervision Bureau investigated 11 brick-making enterprises including Yanshan Fuxing on June 5, 2020 for suspected monopoly. From April 2018 to April 2020, 11 brick-making enterprises reached and implemented monopoly agreements to fix or change commodity prices. It also ensures the implementation of the monopoly agreement by inspecting the brick-making enterprises participating in the monopoly agreement and punishing the enterprises selling below the unified price. The above acts violate the provisions of Article 13 of the Anti-monopoly Law of the People's Republic of China before the amendment.
Commercial bricks are closely related to people's production and life. The fixed or changed commodity prices of the enterprises involved hinder the normal functioning of the market price mechanism and exclude or restrict market competition. The investigation and punishment of this case restored the fair competition order in the market and protected the interests of downstream users, enterprises and consumers.
4. Cases of
abuse of administrative power to exclude and restrict competition (11) The Tianjin Municipal Market Regulatory Commission corrected the abuse of administrative power by the Tianjin Road Transport Administration to exclude and restrict competition
on August 2, 2022. The Tianjin Municipal Market Regulatory Commission has filed an investigation into the suspected abuse of administrative power by the Tianjin Road Transport Administration to exclude and restrict competition according to law. After investigation, since October 2018, without the basis of laws and regulations, the parties concerned have continuously issued the list of products of special equipment for online taxi booking in Tianjin, and formulated the Notice on the Technical Standards and Qualification Requirements of Suppliers for Special Equipment for Online Taxi Reservation. Restricting the operators engaged in the operation of network booking taxis to purchase and use their designated supplier equipment excludes and restricts the competition in the market of special equipment for network booking taxis in Tianjin.
Tianjin Municipal Market Regulatory Commission believes that the market of special equipment for network booking taxis is a competitive market, and the parties directly designate product models and suppliers by formulating documents and issuing lists, excluding the entry of equipment suppliers outside the list, and restricting the competition in the market of special equipment for network booking taxis. It violates the provisions of Articles 39 and 45 of the Anti-monopoly Law of the People's Republic of China and 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, actively rectified and eliminated the adverse effects, and voluntarily abolished the above-mentioned documents and lists. At the same time, the parties concerned prevent the introduction of policies and measures to exclude and restrict competition by strengthening the theoretical study of competition policy, strengthening the clearance of stock documents, and strengthening the construction of internal fair competition review mechanism.
The network taxi booking industry is closely related to people's livelihood issues such as employment and mass travel. The investigation and punishment of this case guarantees fair competition in the relevant market and safeguards the legitimate rights and interests of the relevant business entities.
(12) On July 26, 2023, the Shanghai Municipal Market Regulatory Bureau corrected the abuse of administrative power to exclude and restrict competition
by the people's government of Tinglin Town, Jinshan District, and investigated the suspected abuse of administrative power to exclude and restrict competition by the people's government of Tinglin Town, Jinshan District, Shanghai. After investigation, on October 28, 2019, the parties concerned issued the Notice of the People's Government of Tinglin Town, Jinshan District, on the Issuance of the Detailed Rules for the Implementation of the Management of Small-scale Construction Projects in Tinglin Town, which calls for the establishment of a database of contractors for small-scale construction projects, and the annual selection of construction units registered in the town with corresponding qualifications into the database for the selection of construction units for small-scale construction projects. Up to the time of the investigation, the above documents were still being implemented. According to the
Shanghai Municipal Market Regulatory Bureau, the parties concerned, through the formulation of documents, set up a bank of contractors for small-scale construction projects, require the enterprises to be registered in the town, which affects the fair competition of other qualified contractors in the construction market of small-scale construction projects in the region, and also affects the fair competition of other qualified contractors in the construction market. It violates the provisions of Articles 39 and 45 of the Anti-monopoly Law of the People's Republic of China and constitutes an abuse of administrative power to exclude and restrict competition. During the investigation, the parties concerned actively rectify and eliminate the adverse effects, actively revise the relevant documents, clean up the contents containing the effects of excluding and restricting competition, establish and improve the fair competition review mechanism, further strengthen the fair competition review, and prevent the introduction of policies and measures to exclude and restrict competition. The construction market of
small-scale construction projects is related to people's livelihood and belongs to the competitive market. The investigation and punishment of this case guarantees fair competition in the relevant market according to law, and safeguards the right of local and foreign operators to participate in market competition on an equal footing.
(13) On September 27, 2023, the Zhejiang Provincial Market Supervision Bureau corrected the abuse of administrative power by the People's Government of Nanhu District of Jiaxing City to exclude and restrict competition
. The Zhejiang Provincial Market Supervision Bureau investigated the suspected abuse of administrative power by the People's Government of Nanhu District of Jiaxing City to exclude and restrict competition. After investigation, on May 29, 2023, the People's Government of Nanhu District of Jiaxing City issued Ten Measures to Support the High-quality Development of Construction Industry in Nanhu District, stipulating that all departments of the district-level organs, towns (streets) parks and district-level state-owned companies in Nanhu District should estimate the price of a single construction contract invested by the government at more than 600000 yuan and less than 4 million yuan. The procurement of important equipment, materials and other goods with a single contract estimated price of more than 300000 yuan and less than 2 million yuan, and the procurement of survey, design, supervision and other services with a single contract estimated price of more than 300000 yuan and less than 1 million yuan, should give priority to the construction or undertaking of small and medium-sized construction enterprises in the district.
Zhejiang Provincial Market Regulatory Bureau believes that the above-mentioned acts of the parties exclude and restrict the equal participation of foreign construction enterprises in relevant market competition, violate the provisions of Articles 42 and 45 of the Anti-monopoly Law of the People's Republic of China, and constitute abuse of administrative power to exclude and restrict competition. During the investigation, the parties concerned actively rectified, promptly abolished the original documents and published them on the government website, submitted rectification reports to the Zhejiang Provincial Market Supervision Bureau, carried out self-examination and self-correction in an all-round way, and requested the District Judicial Bureau to take the lead in formulating the Guidelines for Compliance of the Construction Industry in Nanhu District of Jiaxing City, to implement the fair competition review system, and to prevent the exclusion and restriction of competition.
The construction industry is an important pillar industry of the national economy, which plays an important role in promoting economic development, stimulating domestic demand, increasing employment, ensuring and improving people's livelihood. The investigation of this case promptly stopped and corrected the abuse of administrative power by administrative organs to exclude and restrict foreign construction enterprises from participating in relevant market competition, safeguarded the rights of construction operators, and created a fair competitive market environment.
(14) The Market Supervision Bureau of Guangxi Zhuang Autonomous Region corrected the abuse of administrative power by Fangchenggang City Administration Supervision Bureau to exclude and restrict competition
on April 8, 2022. The Market Supervision Bureau of Guangxi Zhuang Autonomous Region has investigated the suspected abuse of administrative power to exclude and restrict competition by Fangchenggang City Administration Supervision Bureau according to law. After investigation, the parties concerned formulated the Announcement on the Selection of Internet Rental Bicycle Operations in 2021, and issued the Announcement on the Evaluation Results of Internet Rental Bicycle Enterprises by Fangchenggang City Administration and Supervision Bureau, which only allowed the two Internet Rental Bicycle Operating Enterprises to operate within the urban area of Fangchenggang City. Each enterprise has an operating quota of 2000 Internet rental mopeds for a period of three years. According to the Market Supervision Bureau of
Guangxi Zhuang Autonomous Region, the above-mentioned acts of the parties exclude and restrict the competition in the operation market of Internet rental mopeds within the urban area of Fangchenggang City, violate the provisions of Article 39 of the Anti-monopoly Law of the People's Republic of China, and constitute abuse of administrative power to exclude and restrict competition. During the investigation, the parties concerned took the initiative to take measures to stop the relevant acts, promptly abolish the announcement through the government website, eliminate the relevant competition restrictions, study the relevant laws and regulations such as the Anti-monopoly Law of the People's Republic of China, and improve the fair competition review mechanism.
Internet rental bicycles are one of the tools for residents to travel short distances in some cities. The investigation and punishment of this case guarantees fair competition in the relevant market and safeguards the legitimate rights and interests of the relevant business entities and consumers.
(15) On September 27, 2023, the Zhejiang Provincial Market Supervision Bureau corrected the abuse of administrative power by the Jiande Municipal People's Government to exclude and restrict competition
, and investigated the suspected abuse of administrative power by the Jiande Municipal People's Government to exclude and restrict competition according to law. After investigation, on May 20, 2016, the parties concerned issued the Measures for the Management of Natural Gas in Jiande City, which clearly requires the implementation of the access system for natural gas business enterprises, and the enterprises stationed in Jiande City to carry out natural gas business must be registered in Jiande. On June 7, 2016, Jiande Development and Reform Bureau, Housing and Urban-Rural Construction Bureau, a Natural Gas Co., Ltd. and a Gas Co., Ltd. signed the Jiande Natural Gas Market Franchise Agreement respectively; both companies are independent corporate enterprises registered in Jiande. Up to the time of the investigation, the above documents were still being implemented.
Zhejiang Provincial Market Regulatory Bureau believes that the above-mentioned actions of the parties exclude and restrict the participation of foreign enterprises with corresponding qualifications in the natural gas market competition, violate the provisions of Articles 43 and 45 of the Anti-monopoly Law of the People's Republic of China, and constitute abuse of administrative power to exclude and restrict competition.During the investigation period, the parties concerned attached great importance to and took the initiative to rectify, abolished the original documents in time and published them on the government website, submitted rectification reports to the Zhejiang Provincial Market Supervision Bureau, carried out self-examination and self-correction in an all-round way, implemented the fair competition review system, and prevented the introduction of policies and measures to exclude and restrict competition.
Natural gas, as an efficient and clean energy, is widely used in people's production and life, and is closely related to the daily life of residents and the production and operation of enterprises. The parties concerned exclude and restrict the participation of foreign enterprises with corresponding qualifications in the natural gas operation of the city, exclude and restrict market competition, and hinder the normal functioning of the market regulation mechanism. The legitimate rights and interests of consumers and other operators. The investigation and punishment of this case has maintained the fair competition order in the natural gas market and guaranteed the legitimate rights and interests of consumers and operators.
