It's good to talk, says Mofcom
The Anti-monopoly Bureau of the Ministry of Commerce is the most visible of China’s antitrust enforcement agencies, and it wants to talk. In an exclusive interview with China Law & Practice, Phil Taylor finds out what Mofcom wants from foreign companies
Issue: October 2009
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A law is nothing without enforcement, and the PRC Anti-monopoly Law is no exception. As it came into force in August 2008, three dedicated anti-monopoly enforcement agencies also began their work. The National Development and Reform Commission (NDRC) is responsible for conducting anti-monopoly law enforcement reviews of abuse of market dominance as it relates to pricing and monopoly agreements; the Ministry of Commerce (Mofcom) is responsible for conducting anti-monopoly law enforcement reviews of business operator concentrations; and the State Administration for Industry and Commerce (SAIC) is responsible for anti-monopoly law enforcement reviews of abuse of market position and prohibition of monopoly agreements.
According to a government spokesperson, there is no overlap in their spheres of responsibility, but in the actual course of law enforcement there may be issues common to more than one of them or that require team-work. “The three law enforcement authorities co-operate closely under the organisation, co-ordination...