Provisional pricing rules put companies at risk

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Draft contains provisions which could hinder competition if applied strictly

China's anti-monopoly pricing enforcement agency has released new draft rules dealing with price-fixing cases under the PRC Anti-monopoly Law (中华人民共和国反垄断法). Competition lawyers have welcomed its improvements but warn of the risk of misinterpretation of parallel behaviour if the rules remain as they are.

The Rules on Anti-Price Monopoly (Draft for Public Comments) (反价格垄断规定（征求意见稿）) were issued by the National Development and Reform Commission (NDRC) on August 12 2009, and opened for comment until September 6. Although specialists agree that the draft is much improved compared with earlier closed-consultation versions, it is clear that there are several issues which need to be dealt with.

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