Highlights of Four New PRC Anti-Monopoly Provisions

April 17, 2023 | BY

Susan Mok

A new and important set of anti-monopoly provisions have come into force in China. Huang Wei, managing partner of Beijing Tian Yuan Law Firm describes how the provisions will work and how foreign companies in China should react

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Summary


  • Four new anti-monopoly provisions have come into force in China
  • They cover prohibition of monopoly agreements, abuse of dominance, merger control and abuse of administrative power
  • The new provisions must be carefully examined as they could lead to some significant further burdens for businesses
  • For example, China's antitrust enforcement agency can call in certain transactions which fall below the notification threshold. The new provisions may significantly increase uncertainties in this area, and companies should take proactive steps to assess and prepare for potential notification
  • Where needed, legal advice should be sought by companies as early as possible