China Law & Practice

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The antitrust enforcers’ New Year resolutions

Businesses in China should brace for more work as a new set of antitrust rules increases compliance burdens

Issue: February 2011

Keywords (click to search): Hogan Lovells antitrust AML enforcement provisions compliance

Virtually on the eve of Chinese New Year, on February 1 2011, five brand new sets of provisions implementing the PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML) came into effect. The provisions were enacted by the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) in the dying days of the Roman calendar year, on December 29 and 31 2010, and were officially published on January 4 and 7 2011, respectively.

For the two authorities, the five sets of provisions may open a new chapter in their AML enforcement history. For businesses in China, the provisions may mean having to dedicate additional resources to ensure compliance.

Introduction

The decision to empower three authorities with the task to enforce the AML was taken shortly after the law’s entry into force in August 2008. Based on the agreed division of responsibilities, the NDRC is in charge of investigating...

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