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Introduction of the Draft Anti-monopoly Law

 
 b. Pre-notification procedure
 The concentration which satisfies the requirements by the first approach of Article 24 shall be subject to pre-notification procedure, which means the validity of the concentration agreement depends on ratification of the anti-monopoly authority.
 
 c. Procedure
 Article 25 to Article 29 prescribe the specific procedure of pre-notification, for instance, person who must notify, information to be notified, time limitation and so on. However, we are not notified of the criteria to evaluate the concentration in question by the authority, which calls for the further interpretation of Article 30.
 
 d. Conclusion
 1. A decision of approval
 2. A decision of approval with restrictions and conditions
 3. A decision of disapproval
 
 e. Penalty against Unauthorised Concentrations
 1. Declare the concentration concerned void;
 2. Order the undertakings concerned to dispose whole or part of its stock, to transfer part of its business, to resign from his position;
 3. Impose other necessary penalties;
 4. Impose fines between RMB 100,000 to RMB 10,000,000 or not exceeding 10% of the turnover in the relevant market in the preceding year;
 5. If the undertakings concerned fail to comply with the measures prescribed by the Anti-Monopoly Authority in the preceding paragraph, the Anti-Monopoly Authority may order dissolution or cease of business operation.
 
 D. Prohibition of administrative monopoly
 
 a. Introduction
 This Chapter lists four specific categories of activities which shall be prohibited. It is of interest that Article 35 provides a chance to challenge the administrative conducts with general application, which are, nevertheless, not challenged by Administrative Law. Nevertheless, it is unclear of the implementation of these articles.
 
 b. Penalty
 1. Penalty against specific administrative monopoly


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