A new era in antitrust enforcement

In recent months, the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) have entered the spotlight with a series of high-profile enforcement actions launched under the PRC Anti-monopoly Law (中华人民共和国反垄断) (AML). Under the AML, NDRC has enforcement authority over price-related anti-competitive agreements and abuses of a dominant market position, while SAIC is responsible for enforcement against non-price restraints and abuses.

In the wake of the fifth anniversary of the AML's entry into force, this current wave of enforcement actions provides an opportunity to review how the enforcement of behavioural prohibitions under the AML has developed and what the implications are for the business community. Based on these recent high-profile enforcement actions by NDRC and SAIC, companies doing business in and with China must consider potential enforcement by both agencies in preparing effective antitrust compliance programmes going forward. This article examines the notable features of the recent enforcement activities, considers what they mean for companies, and explores high-level action plans for companies in the context of the current regulatory environment.