Notice from the State Administration for Market Regulation, the Central Department of Social Work, and the Ministry of Civil Affairs on Promoting and Implementing the Anti Monopoly Guidelines for Industry Associations to Improve the Level of Anti Monopoly Compliance Management

Market Supervision Bureaus (Departments, Committees), Party Committees, Social Work Departments, and Civil Affairs Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the central government, and Xinjiang Production and Construction Corps:

The Anti Monopoly Guidelines of the State Council's Anti Monopoly and Anti Unfair Competition Commission on Industry Associations (hereinafter referred to as the "Guidelines") have been issued and implemented on January 10, 2024. In order to implement the decisions and arrangements of the Party Central Committee and the State Council, implement the spirit of the first plenary session of the State Council Anti Monopoly and Anti Unfair Competition Commission, effectively prevent and stop industry associations from engaging in behaviors prohibited by the Anti Monopoly Law of the People's Republic of China (hereinafter referred to as the "Anti Monopoly Law"), and fully play the positive role of industry associations in promoting the standardized, healthy and orderly development of the industry and maintaining market competition order, the relevant matters regarding the promotion and implementation of the "Guidelines" and improving the level of anti-monopoly compliance management are hereby notified as follows:

1、 Overall requirements

Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the deployment requirements of the 20th National Congress of the Communist Party of China on strengthening anti-monopoly, breaking local protection and administrative monopolies, and focusing on the more prominent monopoly problems in the field of industry associations. Standardize supervision and promote development, focus on improving the anti-monopoly compliance awareness and capabilities of industry associations, and guide industry associations to strengthen anti-monopoly compliance construction, prevent and stop monopoly behavior, promote the continuous improvement of fair market competition order, effectively safeguard the interests of consumers, improve people's livelihood and well-being, and actively contribute to the economic recovery, accelerate the construction of a unified national market, and promote high-quality development.

2、 Main tasks

（1） Strengthen the promotion and interpretation of the Guidelines. We should study the spirit of the "Guidelines" seriously, comprehensively and accurately understand and grasp the background, significance, and content requirements of the "Guidelines". Focusing on the monopoly risks that are prone to occur in industry associations, targeted publicity and interpretation should be carried out to help industry associations clarify their behavioral rules, draw a clear bottom line of behavior, and improve their initiative and consciousness of self-discipline in accordance with the law. Innovate communication ideas, enrich communication forms, and adopt various forms such as door-to-door delivery, animated videos, case interpretation, and online interaction to guide industry associations to carefully study, understand, and master the "Guidelines" and enhance the effectiveness of communication work.

（2） Guide the strengthening of anti-monopoly compliance construction. To fully implement the requirements of the Guidelines, strengthen the main responsibility of industry associations, guide industry associations to strengthen internal anti-monopoly compliance management based on actual situations, establish a sound and practical compliance system, strengthen anti-monopoly compliance risk identification and assessment, and take measures to prevent real and potential anti-monopoly compliance risks. Support and guide industry associations to carry out industry self-discipline in accordance with regulations, guide operators in the industry to compete in accordance with the law, operate in compliance, and take multiple measures to enhance the anti-monopoly compliance awareness and ability of operators in the industry.

（3） Punish typical monopoly cases of industry associations. Market regulatory departments in various regions should focus on building a unified national market monopoly checkpoint, investigate and punish typical behaviors of industry associations that violate anti-monopoly laws in accordance with the law, especially the behavior of industry associations organizing their own operators to engage in monopoly agreements, effectively protect the market order of fair competition, and eliminate the bottlenecks that hinder the construction of a unified national market. Implement the anti-monopoly "three books and one letter" system, use hierarchical regulatory tools such as reminders and reminders, interviews for rectification, and administrative penalties in accordance with the law, strengthen the full chain supervision before, during, and after the event, coordinate law enforcement efforts and temperature, and achieve the organic unity of legal, social, and political effects. Intensify the exposure of typical monopoly cases in industry associations, fully leverage the warning and educational role of typical cases through methods such as "interpreting laws through cases", and achieve the effect of "handling one case and regulating one industry".

（4） Promote regulatory coordination and linkage. Market supervision, social work, and civil affairs departments in various regions should strengthen communication and coordination, promote closer integration of competition supervision, admission supervision, industry supervision, etc., and shift from individual case docking of regulatory enforcement to deep level institutional docking. Strengthen credit punishment, and make industry associations listed in the list of abnormal activities and serious illegal and dishonest lists due to violations of anti-monopoly laws a key regulatory target. Guide industry associations to strengthen communication and connections with market supervision, social work, civil affairs and other departments, fully leverage the unique advantages of industry associations in connecting the government and business entities, consciously maintain market competition order, and promote the standardized, healthy and orderly development of the industry.

3、 Job requirements

（1） Unify ideological understanding and elevate political stance. We should start from the overall situation, fully understand the significant significance of the issuance of the Guidelines, further unify our ideological understanding, regard the study and implementation of the Guidelines as a concrete manifestation of strengthening the "four consciousnesses" and consolidating the "four confidences", achieving the "two safeguards", strengthening our sense of mission and responsibility, and effectively enhancing our sense of responsibility and urgency in implementing the Guidelines.

（2） Carefully organize and implement to ensure effective results. To include the promotion and implementation of the "Guidelines" in the key work and important agenda of our department, formulate work plans based on local conditions, clarify responsibilities, refine work measures, strengthen coordination and cooperation, enhance top-down linkage, effectively enhance the anti-monopoly compliance awareness and ability of industry associations, and ensure effective results.

（3） Establish a long-term mechanism to achieve source control. We should actively establish a normalized and long-term collaborative supervision mechanism for industry associations, and continuously improve the standardization, scientificity, and refinement of work. We need to strengthen horizontal linkage and top-down communication, promote the advancement of the checkpoint, and address the monopoly problem of industry associations from the source.

（4） Strengthen publicity and guidance, and enhance information submission. We should combine local realities, actively innovate propaganda forms and methods, popularize anti-monopoly law related knowledge to industry associations and the public through vivid, visual, and easy to understand methods, strengthen the whole process of propaganda and public opinion guidance, and explore the formation of experience that can be referenced, replicated, and promoted. Timely communication with higher-level departments is necessary to study and solve problems, improve work efficiency, and take effective measures to enhance the anti-monopoly compliance capabilities of industry associations. To timely summarize the work achievements, experience and practices, and distinctive highlights, special information can be formed based on local conditions and submitted in a timely manner. The work summary should be submitted to the State Administration for Market Regulation (Anti Monopoly Department), the Central Ministry of Social Work (Second Bureau), and the Ministry of Civil Affairs (Social Organization Management Bureau) before November 30, 2024.

Attachment:The Anti Monopoly and Anti Unfair Competition Commission of the State Council's Anti Monopoly and Anti Unfair Competition Guidelines for Industry Associations. docx