China: The Review Of 2015 Anti-Monopoly Work Of Ministry Of Commerce: To Promote Anti-Monopoly Enforcement And To Protect Fair Market Competition (In Chinese)

Last Updated: 22 March 2016
Article by AnJie Law Firm

2015年,商务部依法开展经营者集中反垄断审查工作,立法、执法、国际合作等各方面均取得积极进展,有效维护了公平竞争的市场秩序。

完善相关立法,推进审查工作制度化。为提高执法效率和透明度,商务部对经营者集中反垄断审查中的重点、难点问题进行系统总结,推动《反垄断法》修订研究工作。对《经营者集中申报办法》和《经营者集中审查办法》启动修订工作,并广泛征求有关政府部门、行业协会、国内外反垄断执法机构、专家学者和律师的意见。配合有关立法和规范性文件的实施,制定并公开《规范经营者集中案件名称的指导意见》、《监督受托人示范文本》、《未依法申报经营者集中行政处罚裁量规则》等指导性文件。

查办重点案件,维护市场公平竞争秩序。截至2015年底,商务部共收到经营者集中案件申报352件,立案335件,审结319件,均为《反垄断法》实施以来最高。审结案件中,无条件批准317件,附条件批准2件。通过附条件批准诺基亚收购阿尔卡特朗讯案,要求诺基亚就标准必要专利许可遵循公平、合理、非歧视原则,就禁令、标准必要专利转让等做出承诺,维护了中国无线通信网络设备市场和移动终端制造市场的竞争秩序。通过附条件批准恩智浦收购飞思卡尔案,要求恩智浦剥离射频功率晶体管业务,维护了全球射频功率晶体管市场的竞争秩序。加大违法实施经营者集中案件查处力度,对9件案件作出处罚。加强附条件案件监督执行工作,对2件违反限制性条件案件作出处罚。

改进审查机制,保障公正高效透明执法。商务部按照国务院改进行政审批工作  的要求,理顺办案机制,调整原有的商谈、立案和审查办案机制,由审查处按照案件所涉行业分工协作,各自完整负责商谈、立案和审查工作。深入实施简易申报、电子化申报、全流程网上办案等措施,在案件数量增长较快的情况下,全年平均立案时间较2014年缩短13%,简易案件基本上都在初步审查阶段(30天内)审结。持续提高执法透明度,利用商务部政务公开平台,公布禁止和附条件批准案件公告并说明决定依据的事实和理由,按季度公布无条件批准案件基本信息,公布未依法申报案件处罚决定。公布咨询和举报电话,接受企业咨询和对未依法申报案件的举报。注重普法宣传,举办《反垄断法》宣传培训班,提高各级商务部门和相关企业的反垄断法律意识。

拓展对外交流,提高国际合作水平。商务部不断拓宽合作范围,与加拿大、南非的竞争机构分别签署《反垄断合作谅解备忘录》。积极开展双多边反垄断交流,举办第十次中欧竞争政策对话,与欧盟竞争总司签署《经营者集中案件审查合作实务指引》;参加第四届金砖国家竞争大会,与其他金砖国家竞争机构就《金砖国家反垄断合作谅解备忘录》基本达成一致。积极推进中日韩和区域全面经济合作伙伴关系协定(RCEP)等自贸协定竞争议题谈判;参加中美经济对话、商贸联委会竞争议题谈判,与对方达成多项共识。与发展改革委、工商总局等有关部门联合举行与美国、欧盟工商界对话会,积极回应对方关注。

加强沟通协调,切实发挥委员会办公室作用。商务部根据国务院反垄断委员会立法计划,协调委员会成员单位推进《关于禁止滥用知识产权排除、限制竞争行为的指南》、《关于对反垄断法第46条、第47条规定的执法指南》、《关于查处垄断协议和滥用市场支配地位行为有关程序的指南》、《关于汽车领域反垄断的指南》等4项指南起草工作。组织专家对电力、互联网、钢铁、汽车行业市场竞争状况进行评估,并开展上述行业细分市场数据库建设。完成委员会第二届专家咨询组组建工作,支持专家组举办"中国竞争政策论坛"。

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