Tag：compliance and regulatory-antitrust and anti unfair competition
Executive summary:
China’s State Administration for Market Regulation (SAMR) has promulgated four much-anticipated implementation rules on March 24, 2023, namely, the Regulations on Review of Concentrations of Undertakings (the “Merger Review Regulations”), the Regulations on Prohibiting Monopoly Agreements (the “Monopoly Agreements Regulations”), the Regulations on Prohibiting the Abuse of Dominant Market Positions (the “Abuse Regulations”), and the Regulations on Prohibiting the Abuse of Administrative Powers to Exclude or Restrict Competition, all of which will come into force on April 15, 2023.
This article is to assist companies in understanding the key changes and highlights of the newly revised rules. For example:
- The Merger Review Regulations further clarifies what constitutes gun jumping, the factors considered in control test, and the rules for “call-in” power;
- The Monopoly Agreements Regulations supplements the requirements on market definition, clarifies competitors include actual and potential competitors, rules for leniency program, and the mechanism of regulatory talks. The “safe harbor” rules still need clarity by SAMR;
- The Abuse Regulations deletes the rules on “self-preferencing” in the Draft Abuse Regulations, strengthens the regulation of abusive behaviors in the platform economy, and supplements the mechanism of regulatory talks.
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