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Antitrust allies

A recent agreement signed between Chinese and US competition agencies aims to bring effective and consistent enforcement, which will bring greater consumer benefits and legal certainty for businesses. However, coordinated enforcement activities are not likely to occur any time soon

Issue: September 2011

Keywords (click to search): antitrust competition Orrick agreement Sino-US China-US

On July 27 2011 the US antitrust enforcement agencies (the Federal Trade Commission and the Department of Justice) and the Chinese anti-monopoly enforcement agencies (the National Development and Reform Commission (NDRC), the Ministry of Commerce (Mofcom) and the State Administration for Industry and Commerce (SAIC)) signed a Memorandum of Understanding (MOU) on antitrust and anti-monopoly cooperation. The MOU forms part of an expanding international network of cooperation agreements between enforcement agencies in the field of antitrust. But what are the enforcement authorities hoping to achieve with this particular MOU and what impact can global businesses expect to see as a result of the signing of this MOU?

Content of the MOU

The MOU provides a framework for cooperation between the US and Chinese enforcement agencies in antitrust law enforcement and policy. In the MOU, the US antitrust agencies and Chinese anti-monopoly agencies agree to work together in the following areas:

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