The case of the trial of the Second Intermediate People's Court was selected as a typical case of the people's court to help the national unified market construction

Recently, Dandong Tianmao Gas Co., Ltd. (hereinafter referred to as Tianmao Company), tried by the Second Intermediate Court, sued the administrative penalties of the Liaoning Provincial Market Supervision and Administration and the State Market Supervision and Administration Bureau. Typical cases of market construction. The case was hosted by Judge Yang Bo, the case of the case of the case, and was the only administrative case selected in Beijing.

In April 2018, the Liaoning Provincial Market Supervision and Administration Bureau issued the "Administrative Penalty Decision" to Tianmao Company, determining that the company's act on the implementation of the price of gas products involved violated the provisions of Article 14 of the Price Law of the People's Republic of China. Therefore, it was ordered to immediately correct the price illegal act and fined the company. The company did not accept it and applied for administrative reconsideration to the State Administration of Market Supervision and Administration. In July 2018, the State Administration of Market Supervision and Administration made an administrative reconsideration decision to maintain a penalty decision. Later, the company filed a lawsuit and requested to revoke the decision of administrative penalties and the decision of administrative reconsideration.

The effective judgment believes that in accordance with the provisions of Article 6, 7, 8, and Article 14 of the "Price Law of the People's Republic of China", in addition to the application of government guidance or government pricing, the operators operate their operations. The goods have the right to pricing. The operator's autonomous pricing shall follow the principles of fairness, legality and honesty, and take the basis of production and operation costs and market supply and demand. It is not allowed to collude with each other, manipulate market prices, and harm the legitimate rights and interests of other operators or consumers. In the case, Tianmao Company participated in relevant gatherings. The enterprises attended the facts of the facts involved in the price of gas products involved in the case and forming a consistent opinion, and the increase in the price of gas products involved after the meeting. The company's behavior violates the provisions of Article 14 of the Price Law of the People's Republic of China and shall be punished in accordance with the law. The administrative punishment decision made by the Liaoning Provincial Market Supervision and Administration Bureau and the administrative reconsideration decision made by the State Market Supervision and Administration Administration determine that the facts are clear, the applicable law is correct, and the procedures are legal.

The case is a typical case of the people's court supporting market supervision departments to strengthen unified market supervision and law enforcement. In the trial of the case, the Second Intermediate People's Court actively accelerated the target of the target to create a goal of stable, fair, transparent, and predictable business environment, accurately grasped the entry point and efforts to provide judicial services and guarantees in order to accelerate the construction of a unified market for unified national unified markets, and comprehensively comprehensively. Check the facts and accurately apply laws, support market supervision departments to investigate and deal with monopoly and obstruct fair competition, effectively maintain the fair competition order of the market, and promote the flow of commodity factors in the unified market.

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