The Criteria On Identification Of Concerted Practices

Concerted Practices is one important concept in the anti-monopoly system in most countries.This concept was formally recognized by the definition of Monopoly Agreement in the PRCAnti-monopoly Law promulgated in2008. The definition of concerted practices, as the integralpart of the legal system regulating monopoly agreement, has an important role in theanti-monopoly legal system in China. With the start of the NDRC’s dealing with the case ofcollective price increase by daily chemicals enterprises and analysis of the concept and keycharacteristics of concerted practices, this thesis will elaborate the existing shortcomings of thecurrent criteria on concerted practices by analyzing the details of the case of collective priceincrease by daily chemicals enterprises. With the analysis of the above shortcomings and takingsexamples of the cases in overseas countries, this thesis will suggest recommendations for theimprovement of the existing criteria for definition of concerted practices. This thesis will giveillumination on the adding of detailed criteria for exclusion from concerted practices and theintroduction of presumption system in the certification of concerted practices, and further conductresearch on the reasonable definition and exclusion of concerted practices, thus to promote theaccuracy and rationality in the anti-monopoly authority’s works in handling the case of concertedpractices and protect the legitimated rights and interest of the related enterprises, which are helpfulfor the smooth operation of market economy.