Laws & Regulations

Chapter 1 General Provisions

Article 1  The present Law is enacted for the purpose of preventing and restraining monopolistic practices, protecting fair market competition, encouraging innovation, improving economic efficiency, safeguarding the interests of consumers and the public, and promoting the sound development of the socialist market economy.

Article 2  The present Law shall apply to monopolistic practices in economic activities within the territory of the People's Republic of China. The present Law shall also apply to monopolistic practices outside the territory of the People's Republic of China if they eliminate or restrict market competition in China.

Article 3  For the purpose of the present Law, "monopolistic practices" include:

(I) the conclusion of a monopolistic agreement between undertakings;

(II) the abuse of dominant market positions by undertakings; and

(III) the concentration of undertakings that eliminates or restricts competition or may eliminate or restrict competition.

Article 4  Anti-monopoly work shall be carried out under the leadership of the Communist Party of China.

The State adheres to the market-oriented and rule-of-law principles, strengthens the fundamental position of competition policies, formulates and implements competition rules in line with the socialist market economy, improves macro-control, and establishes a unified, open, competitive and orderly market system.

Article 5  The State establishes and improves upon a fair competition review system.

When administrative organs and the organizations that have the function to administer public affairs as empowered by any law or regulation formulate provisions on economic activities of market players, fair competition review shall be conducted.

Article 6  Undertakings may implement concentration pursuant to the law, expand scale of business and enhance market competitiveness by fair competition and voluntary collaboration.

Article 7  Undertakings with a dominant market position shall not abuse their dominant market position to eliminate or restrict competition.

Article 8  The State protects the lawful business activities of the undertakings in the industries controlled by the State-owned economy, concerning the lifeline of the national economy and involving national security or the industries that implement exclusive franchise according to law. The State also lawfully regulates and controls the business activities of the undertakings and the prices of their commodities and services so as to safeguard the interests of consumers and promote technological advancement.

Undertakings in the industries stipulated in the preceding paragraph shall carry out their business activities pursuant to the law, act in good faith and strict self-discipline, accept public supervision, and shall not use their dominant or exclusive positions to harm the interests of consumers.

Article 9  Undertakings shall not use data, algorithms, technologies, capital advantages and platform rules, etc. to engage in any monopolistic practice prohibited by the present Law.

Article 10  No administrative organ or the organization empowered by a law or regulation to administer public affairs may abuse its administrative power to eliminate or restrict competition.

Article 11  The State improves upon anti-monopoly rules and systems, strengthens anti-monopoly regulatory force, raises regulatory capacity and modernization of regulatory system, strengthens anti-monopoly enforcement justice, hears monopoly cases in a lawful, fair and efficient manner, improves the mechanism for connecting administrative law enforcement with justice, and maintains fair competition order.

Article 12  The State Council establishes the Anti-Monopoly Commission, which is responsible for organizing, coordinating, and guiding anti-monopoly work and performs the following duties:

(I) studying and drafting relevant competition policies;

(II) organizing the investigation and assessment of overall market competition, and releasing assessment reports;

(III) formulating and releasing anti-monopoly guidelines;

(IV) coordinating anti-monopoly administrative law enforcement; and

(V) other duties as prescribed by the State Council.

The composition and working rules of the Anti-monopoly Commission of the State Council shall be stipulated by the State Council.

Article 13  The Anti-monopoly Law Enforcement Agency of the State Council is responsible for the unified anti-monopoly law enforcement.

The Anti-monopoly Law Enforcement Agency of the State Council may, as required by its work, empower the corresponding authorities in the people's government of a province, autonomous region or centrally administered municipality to take charge of anti-monopoly law enforcement in accordance with the present Law.

Article 14  A trade association shall strengthen self-discipline in the corresponding industry, guide the undertakings in the corresponding industry to compete according to the law, operate in a compliant manner, and maintain the competition order in the market.

Article 15  For the purpose of the present Law, "undertakings " refer to natural persons, legal persons and other unincorporated associations engaged in the production or operation of commodities or the provision of services.

For the purposes of the present Law, a "relevant market" refers to commodity coverage and territorial scope in which undertakings compete in respect of a specific commodity or service (hereinafter collectively referred to as a "commodity") during a given period of time.

Chapter 2 Monopolistic Agreements

Article 16  For the purposes of the present Law, "monopolistic agreements" refer to agreements, decisions or other concerted actions that eliminate or restrict competition.

Article 17  The following monopolistic agreements are prohibited from being reached between undertakings competitive relationships:

(I) those fixing or changing the price of a commodity;

(II) those limiting the production or sales amount of a commodity;

(III) those segmenting the sales market or the raw material procurement market;

(IV) those restricting the purchase of new technology or new equipment or the development of new technology or new product;

(V) those boycotting transactions; and

(VI) other monopolistic agreements as determined by the Anti-monopoly Law Enforcement Agency of the State Council.

Article 18  The following monopolistic agreements are prohibited from being reached between undertakings and their trading counterparties:

(I) those fixing the price of commodities for resale to a third party;

(II) those restricting the minimum price of commodities for resale to a third party; or

(III) other monopolistic agreements as determined by the Anti-monopoly Law Enforcement Agency of the State Council.

The agreements prescribed in Items (I) and (II) of the preceding paragraph will not be prohibited if the undertakings can prove that such agreements do not have effects of eliminating or restricting competition.

The agreements between undertakings will not be prohibited if the undertakings can prove that their market share in the relevant market is lower than the standard prescribed by the Anti-monopoly Law Enforcement Agency of the State Council and meet other conditions prescribed by the Anti-monopoly Law Enforcement Agency of the State Council.

Article 19  An undertaking shall not organize any other undertaking to reach any monopolistic agreement or provide any substantive assistance for any other undertaking to reach any monopolistic agreement.

Article 20  The provisions of Article 17, Paragraph 1 of Article 18 and Article 19 hereof will not apply if the undertakings can prove that the agreement they concluded falls under any of the following circumstances:

(I) where the agreement is for the purpose of improving technologies, researching and developing new products;

(II) where the agreement is for the purpose of improving product quality, reducing cost, improving efficiency, unifying specifications or standards, or carrying out professional labor division;

(III) where the agreement is for the purpose of improving operational efficiency and enhancing the competitiveness of small- and medium-sized undertakings;

(IV) where the agreement is for the purpose of realizing public interests such as energy conservation, environmental protection and disaster relief and aid;

(V) where the agreement is for the purpose of mitigating serious decrease in sales amount or obviously excessive production during economic recessions;

(VI) where the agreement is for the purpose of safeguarding the legitimate interests in foreign trade or foreign economic cooperation; and

(VII) any other circumstance as prescribed by laws and the State Council.

Where the provisions of Article 17, Paragraph 1 of Article 18 and Article 19 hereof do not apply as a result of any of the circumstances prescribed in Items (I) to (V) of the preceding paragraph, the undertakings shall also prove that the agreement they have concluded will not seriously restrict competition in the relevant market and will enable consumers to share the interests arising therefrom.

Article 21  A trade association shall not organize the undertakings in the corresponding industry to engage in the monopolistic practices prohibited by this Chapter.

Chapter 3 Abuse of Dominant Market Position

Article 22  Any undertaking with a dominant market position is prohibited from engaging in the following practices of abuse of such position:

(I) selling commodities at an unfairly high price or buying commodities at an unfairly low price;

(II) selling commodities at a price lower than cost without justifiable reasons;

(III) refusing to trade with its trading counterparties without justifiable reasons;

(IV) restricting its trading counterparties to trade exclusively with the said undertaking or trade exclusively with the designated undertakings without justifiable reasons;

(V) conducting tie-in sales or add other unreasonable trading conditions to the trading without justifiable reasons;

(VI) giving discriminatory treatments to trading counterparties with the same conditions with respect to trading price and other trading conditions without justifiable reasons; and

(VII) other practices determined as abuse of dominant market position by the Anti-monopoly Law Enforcement Agency of the State Council.

Any undertaking with a dominant market position shall not abuse its dominant market position as prescribed in the preceding paragraph by using data, algorithms, technologies or platform rules.

For the purposes of the present Law, the term "dominant market position" refers to that an undertaking has the ability to control the price or quantity of commodities or other trading conditions in the relevant market, or to hinder or affect the ability of other undertakings to enter the relevant market.

Article 23  The following factors shall be taken into account in determining whether an undertaking has a dominant market position:

(I) the undertaking's market share in the relevant market and the competition situation of the relevant market;

(II) the ability of the undertaking to control the sales market or the raw material procurement market;

(III) the financial and technical conditions of the undertaking;

(IV) the degree of dependence of other undertakings on the undertaking in their trading;

(V) the degree of difficulty for other undertakings to enter the relevant market; and

(VI) other factors relevant to the determination of the dominant market position of the undertaking.

Article 24  It may be presumed that one or more of the undertakings concerned has a dominant market position if:

(I) the relevant market share of an undertaking concludes half or more in the relevant market;

(II) the relevant market share of two undertakings concludes two thirds or more in the relevant market; or

(III) the relevant market share of three undertakings concludes third fourths or more in the relevant market.

In a circumstance as prescribed in Item (II) or (III) of the preceding paragraph, an undertaking with a market share of less than one tenth shall not be presumed as having a dominant market position.

Where an undertaking which has been presumed to have a dominant market position is able to prove that it does not have a dominant market position, it shall not be determined as having a dominant market position.

Chapter 4 Concentration of Undertakings

Article 25  The term "concentration of undertakings" refers to any of the following circumstances:

(I) the merger of undertakings;

(II) acquiring control over other undertakings by virtue of acquiring their equities or assets; and

(III) acquiring control over other undertakings or ability of exercising decisive influence on other undertakings by virtue of contract or any other means.

Article 26  Where a concentration of undertakings concludes the threshold of declaration prescribed by the State Council, it shall be declared to the Anti-monopoly Law Enforcement Agency of the State Council in advance and shall not be implemented without such declaration.

Where, although a concentration of undertakings does not reach the threshold of declaration prescribed by the State Council, there is evidence proving that the concentration has or may have effect of eliminating or restricting competition, the Anti-monopoly Law Enforcement Agency of the State Council may require the undertakings to make a declaration.

Where the undertakings fail to make declaration in accordance with the provisions of the preceding two paragraphs, the Anti-monopoly Law Enforcement Agency of the State Council shall conduct an investigation in accordance with the law.

Article 27  A concentration of undertakings is not required to be declared to the Anti-monopoly Law Enforcement Agency of the State Council if:

(I) one undertaking participating in the concentration holds more than 50% of the voting shares or assets of each of the other undertakings; or

(II) more than 50% of the voting shares or assets of each of the undertakings participating in the concentration is held by an undertaking not participating in the concentration.

Article 28  To declare a concentration of undertakings to the Anti-monopoly Law Enforcement Agency of the State Council, the undertakings shall submit the following documents and materials:

(I) a declaration in writing;

(II) description of the impact of the concentration on the competition in the relevant market;

(III) the concentration agreement;

(IV) the financial accounting report f each undertaking participating in the concentration which has been audited by an accounting firm for the previous fiscal year; and

(V) other documents and materials as prescribed by the Anti-monopoly Law Enforcement Agency of the State Council.

The written declaration shall state the name, domicile and business scope of the undertakings participating in the concentration, the scheduled date of the concentration and other matters as prescribed by the Anti-monopoly Law Enforcement Agency of the State Council.

Article 29  Where the documents and materials submitted by an undertaking are incomplete, the undertaking shall make supplementation within the time limit as prescribed by the Anti-monopoly Law Enforcement Agency of the State Council. In case of failure to supplement the documents and materials within the time limit, the undertaking shall be deemed not to make declaration.

Article 30  The Anti-monopoly Law Enforcement Agency of the State Council shall, within 30 days upon receipt of the documents and materials submitted by an undertaking which comply with the provisions of Article 28 hereof, carry out a preliminary examination of the declared concentration of undertakings, make a decision on whether to conduct further review, and notify the undertaking in writing. Prior to a decision made by the Anti-monopoly Law Enforcement Agency of the State Council, the undertaking may not implement the concentration.

Where the Anti-monopoly Law Enforcement Agency of the State Council makes a decision not to conduct further review or fails to make a decision within the time limit, the undertaking may implement the concentration.

Article 31  Where the Anti-monopoly Law Enforcement Agency of the State Council decides to conduct further review, it shall, within 90 days from the date of decision, complete the further review, make a decision on whether to prohibit the concentration of undertakings, and notify the undertaking in writing. In the case of a decision on prohibition of the concentration of undertakings, the reason shall be stated. During the period of review, the undertaking may not implement the concentration.

The Anti-monopoly Law Enforcement Agency of the State Council may extend the review period stipulated in the preceding paragraph by no more than 60 days after notifying the undertaking in writing if:

(I) the undertaking agrees to extend the review period;

(II) the documents and materials submitted by the undertaking are inaccurate and need to be further verified; or

(III) a major change has occurred to the undertaking after the declaration.

The undertaking may implement the concentration if the Anti-monopoly Law Enforcement Agency of the State Council fails to make a decision within the time limit.

Article 32  The Anti-monopoly Law Enforcement Agency of the State Council may decide to suspend calculation of the review period of the concentration of undertakings and notify the undertaking in writing if:

(I) the undertaking fails to submit documents and materials in accordance with the provisions, resulting in the failure to carry out the review;

(II) there are new circumstances or new facts which have significant impact on the review of the concentration of undertakings, and will result in the failure to carry out the review without verification; or

(III) the restrictive conditions attached to the concentration of undertakings need to be further assessed, and the undertaking makes a request for suspension.

The review period shall continue from the date on which the circumstance for suspension of calculation is eliminated. The Anti-monopoly Law Enforcement Agency of the State Council shall notify the undertaking in writing.

Article 33  The following factors shall be taken into account in the review of a concentration of undertakings:

(I) the market share of the undertakings that participate in the concentration and their control over the market;

(II) the degree of market concentration of the relevant market;

(III) the impact of the concentration of undertakings on market access and technological advancement;

(IV) the impact of the concentration of undertakings on consumers and other relevant undertakings;

(V) the impact of the concentration of undertakings on the development of national economy; and

(VI) other factors affecting market competition that the Anti-monopoly Law Enforcement Agency of the State Council deems necessary to be taken into account.

Article 34  Where a concentration of undertakings has or may have the effect of eliminating or restricting competition, the Anti-monopoly Law Enforcement Agency of the State Council shall make a decision to prohibit the concentration of undertakings. However, if the undertaking is able to prove that the positive impact of the concentration on competition is significantly greater than the negative impact thereof, or that the concentration complies with the public interest, the Anti-monopoly Law Enforcement Agency of the State Council may make a decision on non-prohibition of the concentration of undertakings.

Article 35  For a concentration of undertakings that is not prohibited, the Anti-monopoly Law Enforcement Agency of the State Council may decide to impose restrictive conditions to mitigate the negative impact of the concentration on competition.

Article 36  The Anti-monopoly Law Enforcement Agency of the State Council shall promptly make public any decision on prohibition of a concentration of undertakings or any decision on imposition of restrictive conditions on a concentration of undertakings.

Article 37  The Anti-monopoly Law Enforcement Agency of the State Council shall improve the classification and grading review system for concentrations of undertakings, strengthen the review of concentrations of undertakings in important fields such as national economy and people's livelihood, etc. pursuant to the law, and improve the quality and efficiency of review.

Article 38  For participation in a concentration of undertakings by merger and acquisition of domestic enterprises by foreign investors or by other means, if national security is involved, in addition to review of the concentration of undertakings in accordance with the provisions of the present Law, review for national security shall also be conducted in accordance with relevant provisions of the State.

Chapter 5 Abuse of Administrative Power to Eliminate or Restrict Competition

Article 39  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to restrict, directly or in a disguised form, entities or individuals to operate, purchase or use the commodities provided by designated undertakings.

Article 40  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to obstruct other undertakings from entering the relevant market or to apply unfair treatment to other undertakings to eliminate or restrict competition by signing a cooperation agreement or memorandum with an undertaking.

Article 41  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to implement any of the following practices to impede the free flow of commodities among regions:

(I) setting discriminatory charges, carry out discriminatory charging standards, or fix discriminatory prices for products from outside the locality;

(II) imposing different technical requirements or inspection standards upon non-local commodities, or taking discriminatory technical measures such as repeated inspections or repeated certifications upon non-local commodities, so as to restrict them from entering local market;

(III) imposing administrative licensing specifically for non-local commodities, so as to restrict them from entering local market;

(IV) setting barriers or taking other measures so as to hinder the entry of non-local commodities or the exit of local commodities; and

(V) other practices impeding the free flow of commodities between regions.

Article 42  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to eliminate or restrict undertakings from participating in bidding or any other business activities by imposing discriminatory qualification requirements or assessment standards or unlawfully releasing information.

Article 43  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to exclude, restrict, force or force in a disguised form non-local undertakings to invest or set up branches in the local region by adopting such means as unequal treatment to that for local undertakings.

Article 44  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to force or force in a disguised form any undertaking to engage in any monopolistic practices prescribed in the present Law.

Article 45  Any administrative body or any organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power to formulate any provision excluding or restricting competition.

Chapter 6 Investigation into Suspected Monopolistic Practices

Article 46  Anti-monopoly law enforcement agencies shall investigate suspected monopolistic practices in accordance with the law.

Any entity or individual may report suspected monopolistic practices to an anti-monopoly law enforcement agency. The anti-monopoly law enforcement agency shall keep the identity of the informant confidential.

Where a report is made in writing and relevant facts and evidence are provided, the anti-monopoly law enforcement agency shall conduct necessary investigation.

Article 47  When investigating suspected monopolistic practices, the anti-monopoly law enforcement agency may take any of the following measures:

(I) entering into the business premises of the undertaking under investigation or any other relevant place for inspection;

(II) inquiring of the undertaking under investigation, any interested party, or any other relevant entity or individual, and requiring them to explain relevant information;

(III) consulting and copying relevant vouchers, agreements, accounting books, business correspondence, electronic data, and other documents and materials of the undertaking under investigation, any interested party, or any other relevant entity or individual;

(IV) seizing or detaining relevant evidence; and

(V) inquiring about the bank accounts of the undertaking.

To take the measures stipulated in the preceding paragraph are adopted, a written report shall be submitted to the principal of the anti-monopoly law enforcement agency for approval.

Article 48  When the anti-monopoly law enforcement agency investigates a suspected monopolistic practice, there shall be at least two law enforcement officers who shall present their law enforcement credentials.

When conducting an inquiry or investigation, the law enforcement officers shall make written records, which shall be signed by the person being inquired or investigated.

Article 49  The anti-monopoly law enforcement agency and its officers are obligated to keep confidential the trade secrets, personal privacy and personal information that have come to their knowledge in the course of law enforcement.

Article 50  The undertaking under investigation, any interested party, or any other relevant entity or individual shall cooperate with the anti-monopoly law enforcement agency in its performance of duties pursuant to the law and may not refuse or impede any investigation by the anti-monopoly law enforcement agency.

Article 51  The undertaking under investigation and any interested party have the right to present their opinions. The anti-monopoly law enforcement agency shall verify the facts, reasons and evidence provided by the undertaking under investigation and the interested party.

Article 52  Where the anti-monopoly law enforcement agency deems that a monopolistic practice is constituted after investigating and verifying a suspected monopolistic practice, it shall make a handling decision in accordance with the law and announce the decision to the public.

Article 53  For a suspected monopolistic practice under investigation by the anti-monopoly law enforcement agency, where the undertaking under investigation makes a commitment to adopt specific measures to eliminate the consequences of the practice within a time limit approved by the anti-monopoly law enforcement agency, the anti-monopoly law enforcement agency may decide to suspend the investigation. The decision on suspension of investigation shall state the specific contents of the commitment made by the undertaking under investigation.

Where the anti-monopoly law enforcement agency decides to suspend the investigation, it shall supervise the implementation of the commitment by the undertaking. Where the undertaking has performed the commitment, the anti-monopoly law enforcement agency may decide to terminate the investigation.

The anti-monopoly law enforcement agency shall resume investigation if:

(I) the undertaking fails to perform the commitment;

(II) there are significant changes to the facts on which the decision on suspension of investigation is based; or

(III) the decision on suspension of investigation is made on the basis of incomplete or inaccurate information provided by the undertaking.

Article 54  When the anti-monopoly law enforcement agency lawfully investigates a suspected abuse of administrative power to exclude or restrict competition, the relevant entity or individual shall provide cooperation.

Article 55  Where an undertaking, administrative organ or organization authorized by any law or regulation to administer public affairs is suspected of violating the present Law, the anti-monopoly law enforcement agency may interview the legal representative or person-in-charge and require him/her to propose improvement measures.

Chapter 7 Legal Liability

Article 56  With regard to any undertaking that concludes and implements a monopolistic agreement in violation of the present Law, the anti-monopoly law enforcement agency shall order it to cease the illegal act, confiscate its illegal gains, and impose on it a fine of not less than 1% but not more than 10% of its sales amount in the previous year. In the absence of sales amount in the previous year, it shall be imposed on a fine of not more than 5 million yuan. If the monopolistic agreement has not been implemented yet, it may be imposed on a fine of not more than 3 million yuan. Where the legal representative, principal and directly accountable officers of the undertaking are personally accountable for conclusion of the monopolistic agreement, a fine of not more than 1 million yuan may be imposed on them.

Where an undertaking organizes any other undertaking to conclude a monopolistic agreement or provides substantive assistance for any other undertaking to conclude such an agreement, the preceding paragraph shall apply.

Where an undertaking voluntarily reports the relevant information on the conclusion of a monopolistic agreement to the anti-monopoly law enforcement agency and provides important evidence, the anti-monopoly law enforcement agency may, at its discretion, reduce or waive the punishment on it.

Where a trade association organizes the undertakings in the corresponding industry to conclude a monopolistic agreement in violation of the present Law, the anti-monopoly law enforcement agency shall order it to make corrections and may impose on it a fine of not more than 3 million yuan. In a serious case, the social organization registration authority may deregister it.

Article 57  Where an undertaking abuses its dominant market position in violation of the present Law, the anti-monopoly law enforcement agency shall order it to cease the illegal act, confiscate its illegal gains and impose on it a fine of not less than 1% but not more than 10% of its sales amount in the previous year.

Article 58  Where an undertaking implements concentration in violation of the present Law, and the concentration has or may have the effect of eliminating or restricting competition, the Anti-monopoly Law Enforcement Agency of the State Council shall order it to cease the implementation of concentration, dispose of the shares or assets within a time limit, transfer the business within a time limit and take other necessary measures to restore to the status before the concentration, and impose on it a fine of not more than 10% of its sales amount in the previous year; or impose on it a fine of not more than 5 million yuan if the concentration has no effect of eliminating or restricting competition.

Article 59  The anti-monopoly law enforcement agency shall take into account such factors as the nature, degree and duration of the illegal acts and the elimination of consequences of the illegal acts when determining the specific amount of the fines as prescribed in Articles 56, 57 and 58 of the present Law.

Article 60  Where an undertaking implementing any monopolistic act causes any loss to others, it shall assume the civil liability in accordance with the law.

Where an undertaking implementing any monopolistic act damages the public interests, the People's Procuratorate at the level of city divided into districts or above may institute civil public interest litigation at the People's Court in accordance with the law.

Article 61  Where any administrative body or any organization empowered by any law or regulation to administer public affairs abuses its administrative power to eliminate or restrict competition, the superior authority thereof shall order it to make corrections and impose punishments on the directly responsible person and other directly liable persons. The anti-monopoly law enforcement agency may put forward suggestions to the relevant superior authority on handling the case in accordance with the law. The administrative body or the organization empowered by any law or regulation to administer public affairs shall report the relevant correction information in writing to the superior authority and the anti-monopoly law enforcement agency.

Where it is otherwise provided in a law or administrative regulation for the handling the abuse of administrative power to eliminate or restrict competition by any administrative body or organization empowered by any law or regulation to administer public affairs, such law or regulation shall prevail.

Article 62  With regard to the review and investigation conducted by the anti-monopoly law enforcement agency in accordance with the law, if any undertaking refuses to provide relevant materials or information, provides false materials or information, hides, destroys or transfers evidence, or otherwise refuses or obstructs the investigation, the anti-monopoly law enforcement agency shall order it to make corrections, and impose upon it a fine of not more than 1% of its sales amount in the previous year; if there is no sales amount in the previous year or it is difficult to calculate the sales amount, it shall be imposed upon a fine of not more than 5 million yuan; and in the case of an individual, he/she shall be imposed upon a fine of not more than 500,000 yuan.

Article 63  With regard to any violation of the provisions of the present Law, if the circumstances are especially serious, the effects are especially adverse or the consequences are especially serious, the Anti-monopoly Law Enforcement Agency of the State Council may determine the specific amount of the fine at not less than 2 times but not more than 5 times of the amount of the fine prescribed in Articles 56, 57, 58 or 62 hereof.

Article 64  Where an undertaking is subject to administrative punishment for violation of the provisions of the present Law, such punishment shall be recorded in the credit record and announced to the public in accordance with the relevant provisions of the State.

Article 65  In the case of refusal to accept the decision made by the anti-monopoly law enforcement agency in accordance with Article 34 or 35 hereof, an undertaking may first apply for administrative reconsideration in accordance with the law; if it still refuses to accept the decision of the administrative reconsideration, it may file an administrative lawsuit in accordance with the law.

Any undertaking refusing to accept any decision made by an anti-monopoly law enforcement agency other than those prescribed in the preceding paragraph, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 66  Where any functionary of an anti-monopoly law enforcement agency abuses his/her power, neglects his/her duties, engages in malpractice for personal gains or discloses any trade secret, personal privacy or personal information that he/she has access to in the process of law enforcement, he/she shall be punished in accordance with the law.

Article 67  Whoever violates the provisions of the present Law which is serious enough to constitute a criminal offence shall be subject to criminal liability in accordance with the law.

Chapter 8 Supplementary Provisions

Article 68  The present Law does not apply to the exercise of intellectual property rights by undertakings under relevant laws and administrative regulations governing intellectual property rights; however, undertakings' abuse of intellectual property rights to eliminate or restrict competition shall be governed by the present Law.

Article 69  The present Law does not apply to the association or coordinative activities of agricultural producers and rural economic organizations in the production, processing, sale, transportation and storage of agricultural products and other business activities.

Article 70  The present Law shall enter into force on August 1, 2008.