Issuing the Anti-monopoly Measures of the China (Tianjin) Pilot Free Trade Zone

 2018-06-15  54


Notice of the Tianjin Development and Reform Commission, the Tianjin Commission of Commerce and the Tianjin Market and Quality Supervision Administration on Issuing the Anti-monopoly Measures of the China (Tianjin) Pilot Free Trade Zone


· Document Number:No.846 [2015] of the Tianjin Development and Reform Commission

· Area of Law: China (Tianjin) Pilot Free Trade Zone

· Level of Authority: Local Regulatory Documents

· Date issued:09-14-2015

· Effective Date:10-15-2015

· Status: Effective

· Issuing Authority: Other Institutions of Tianjin Municipality

 

Notice of the Tianjin Development and Reform Commission, the Tianjin Commission of Commerce and the Tianjin Market and Quality Supervision Administration on Issuing the Anti-monopoly Measures of the China (Tianjin) Pilot Free Trade Zone
(No.846 [2015] of the Tianjin Development and Reform Commission)
The management committee of the Tianjin Port Area of China (Tianjin) Pilot Free Trade Zone, the management committee of the Tianjin Airport Area of China (Tianjin) Pilot Free Trade Zone, and the management committee of the Tianjin Binhai CBD Area of China (Tianjin) Pilot Free Trade Zone,
Upon approval by the Tianjin Municipal People's Government, the Anti-monopoly Measures of the China (Tianjin) Pilot Free Trade Zone are hereby issued to you for your compliance.
Tianjin Development and Reform Commission
Tianjin Commission of Commerce
Tianjin Market and Quality Supervision Administration
September 14, 2015
Anti-monopoly Measures of the China (Tianjin) Pilot Free Trade Zone
Chapter 1 General Provisions
Article 1 (Legislative intent and bases)
With a view to guarding against and stopping monopolistic activities within the China (Tianjin) Pilot Free Trade Zone ("FTZ"), enhancing the coordination and cooperation among the Tianjin Development and Reform Commission, the Tianjin Commission of Commerce and the Tianjin Market and Quality Supervision Administration (hereinafter collectively referred to as the "Municipal Anti-monopoly Law Enforcement Agencies"), maintaining the market order of fair competition in the FTZ, protecting consumer rights and interests as well as public interests, and promoting the construction of the FTZ interim and ex post regulatory system, these Measures are formulated pursuant to the Anti-monopoly Law of the People's Republic of China, the Notice of the State Council on Issuing the Overall Plan for the China (Tianjin) Pilot Free Trade Zone (No.19 [2015] of the State Council), the Administrative Measures for the China (Tianjin) Pilot Free Trade Zone (Order No. 15 of the Tianjin Municipal People's Government) and other relevant legal documents.
Article 2 (Scope of application)
These Measures shall apply to anti-monopoly work within the FTZ.
Article 3 (Establishment of agencies)
Municipal Anti-monopoly Law Enforcement Agencies shall establish a joint work mechanism, and jointly set up a FTZ anti-monopoly work coordination office (hereinafter referred to as the "Coordination Office"). The Coordination Office shall be set within the Tianjin Development and Reform Commission, and shall be responsible for guiding and coordinating FTZ anti-monopoly work, and setting up an information communication and joint consultation system and an inter-departmental collaborative work mechanism which include the Binhai New Area People's Government and the FTZ Management Committee.
Chapter 2 Definition of Functions
Article 4 Coordination functions
The Coordination Office shall perform the following duties pursuant to these Measures:
(1) To analyze and screen clues raised in tip-offs and inquiries;
(2) To transfer clues to cases to Municipal Anti-monopoly Law Enforcement Agencies according to their respective responsibilities;
(3) To coordinate with Municipal Anti-monopoly Law Enforcement Agencies in anti-monopoly law enforcement;
(4) To coordinate with the departments concerned in collecting relevant information for the verification of cases of concentration of business operators, and put forward comments;
(5) To receive the reports and materials voluntarily submitted by business operators in the FTZ on the conclusion of monopoly agreements;
(6) To coordinate with Municipal Anti-monopoly Law Enforcement Agencies in supervising the performance of commitments and the review decisions on the concentration of business operators by business operators in the FTZ;
(7) To summarize relevant anti-monopoly law enforcement information, and set up an information sharing mechanism for Municipal Anti-monopoly Law Enforcement Agencies;
(8) To take charge of the advocacy and training for anti-monopoly work in the FTZ; and
(9) To research other major issues related to anti-monopoly work in the FTZ.
Article 5 Communication functions
The Coordination Office shall be responsible for the liaison and communication between Municipal Anti-monopoly Law Enforcement Agencies and the Binhai New Area People's Government, the FTZ Management Committee and other relevant departments.
Chapter 3 Law Enforcement and Review
Article 6 Tip-off and inquiry
Both Municipal Anti-monopoly Law Enforcement Agencies and the Coordination Office may accept tip-offs against and inquires about anti-monopoly matters within the FTZ, and shall keep confidential the identity of whistleblowers.
The three local offices of the FTZ Management Committee shall set up service counters to assist the Coordination Office in accepting tip-offs against and inquires about anti-monopoly matters within the FTZ.
Article 7 Screening and transfer
The Coordination Office shall promptly analyze and screen tip-offs, and transfer clues to cases.
Municipal Anti-monopoly Law Enforcement Agencies shall promptly provide feedback to the Coordination Office if they directly accept tip-offs.
Article 8 Law enforcement procedures
Municipal Anti-monopoly Law Enforcement Agencies shall, pursuant to laws and regulations and according to relevant authorization, respectively carry out anti-monopoly work according to relevant law enforcement procedures.
Chapter 4 Work Mechanisms
Article 9 Joint consultation mechanism
Members of the Coordination Office shall enhance communication, hold regular or ad hoc meetings, and establish a sound information sharing mechanism.
Article 10 Comprehensive assessment
The Coordination Office shall organize comprehensive assessment according to overall competition situations of the industries within the FTZ.
Chapter 5 Supplementary Provisions
Article 11 (Confidentiality obligations)
Municipal Anti-monopoly Law Enforcement Agencies and their staff members shall keep confidential the trade secrets that come to their knowledge during anti-monopoly law enforcement operations.
Article 12 (Effective date)
These Measures shall come into effect on October 15, 2015.