Heralding a New Era of Antitrust Enforcement in China: New Provisions on Monopolistic Agreements and Abuse of Dominance
November 21, 2019 | BY
Susan MokFay Zhou of Linklaters, and Vivian Cao and Xi Liao of Linklaters Zhao Sheng Joint Operation highlight the long-anticipated provisions on antitrust enforcement, which provide further clarity on monopolistic agreements and abuse of dominance under the Anti-Monopoly Law, as well as common issues raised by both sets of provisions.
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On September 1, 2019, two sets of provisions on antitrust enforcement under the Anti-Monopoly Law (AML) (反垄断法) issued by China's State Administration for Market Regulation (SAMR) came into effect: the Tentative Provisions for the Prohibition of Monopolistic Agreements (the Monopolistic Agreements Provisions) (禁止垄断协议暂行规定) and the Tentative Provisions for the Prohibition of Abuses of Dominant Market Position (the Abuse Provisions) (禁止滥用市场支配地位行为暂行规定). These long called-for provisions lay a unified analytical framework, provide further clarity on substantive issues, and streamline investigation procedures for alleged infringements.