Refining the Rules against Monopoly Agreements

August 05, 2022 | BY

Susan Mok

Nate Bush and Della Ding of DLA Piper and Ray Xu of Shanghai Kaiman Law Firm review new regulations prohibiting monopoly agreements, abuse of intellectual property rights and as actions that eliminate or restrict competition, as well as discussing the potential penalties for violations.

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Summary

  • The Amended AML and proposed revisions to implementing rules would establish a "safe harbor" through which vertical "monopoly agreements" among parties with market shares under 15% are rebuttably presumed to be permissible.
  • Penalties for egregious violations of the rules against monopoly agreements may now be reach 50% of annual turnover.
  • Individuals directly responsible for monopoly agreement offenses now be fined up to RMB 1 million.