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      Positive Progress Made in Enforcement of the Anti-monopoly Law
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      August 1 marks the fifth anniversary of the implementation of China’s Anti-monopoly Law. And MOFCOM has diligently performed its functions over the past five years, and has made positive progress in the enforcement of Anti-monopoly Law.
      The supporting legislation system for the review of concentration of undertakings has been basically formed in China. Since the implementation of the Anti-monopoly Law, MOFCOM has constantly promoted and improved the supporting laws and regulations, and has issued a series of administrative rules and regulations, the guidelines for the Antimonopoly Committee, department regulations and regulatory documents in accordance with the requirement of the enforcement of the Anti-monopoly Law, and relevant provisions of the Anti-monopoly Law has been specified to facilitate the implementation of the law and increase transparency of the enforcement. MOFCM has formulated a series of laws and regulations in such areas as definition of relevant market, petition, review and remedy measures in accordance with the requirement of law enforcement, and a system of rules and regulations including administrative regulations of the State Council, the guidelines of the Anti-monopoly Committee, department rules of MOFCOM and the guidance for the Anti-Monopoly Bureau of MOFCOM has been established.
      A scientific and effective mechanism for anti-monopoly law enforcement has been gradually established. MOFCOM has set up the Anti-Monopoly Bureau, with relevant departments in charge of such areas as accepting petitions, review, remedy measures, international cooperation and supporting laws and regulations. And MOFCOM has kept positive interaction with economists, legal professionals, industrial and technical experts and professional industrial associations and relevant administrative departments, so as to utilize all social resources to enhance law enforcement.
      The law has been enforced strictly to maintain legal authority. MOFCOM has strictly enforced the law, and has stepped up publicity efforts to enhance the law-abiding awareness of companies. In 2011, MOFCOM formulated the Interim Measures for Investigating and Punishing of Concentration of Undertakings Failing to File Notification, according to which MOFCOM has given warnings or imposed a fine on eight cases.
      Remarkable achievements are made on review of concentration of undertakings. Since the Anti-monopoly Law was implemented in 2008, MOFCOM had received 754 filings for concentration review by the first half of 2013, of which 690 reviews were initiated, and 643 reviews were concluded. Among the concluded cases, 624 were unconditional approvals, 18 were conditional approvals, and only one case was disapproved.
      Among the concluded cases, 624 were unconditional approvals, accounting for 97% of the total, and those conditional approvals and disapproved accounted for 3%. Thus, only in a few cases that could be confirmed to cause substantial impairment to competition, would MOFCOM take necessary intervention to the concentration of undertakings.

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