In this feature, we would like to highlight to you a number of articles on the Draft Amendments to Anti-Monopoly Law in the People’s Republic of China. On 2 January 2020, the Chinese competition authority – State Administration for Market Regulation (SAMR) published these Draft Amendments for public consultation. This is the first review of the competition law in China since its full commencement in 2008. The SAMR is accepting submissions until 31 January 2020.
Although still being subject to review and further changes from other government agencies and national legislative body which may take a few years, the proposed amendments reflect the authority’s views on various issues arising from their law enforcement work over the past years. For example, the inclusion of the Fair Competition Review System (a competition impact assessment regime), liability of undertakings who organize or assist other undertakings in entering into anti-competitive agreements, considerations when assessing market power of Internet related companies, definition of control, threshold for merger notification, introduction of the “stop-the-clock” mechanism, establishment of regional enforcement offices, as well as changes to the penalty, particularly the introduction of criminal liability.
Our thanks to the writers of these articles who are willing to share their views with us.
If you have any comments on this feature and suggestions for future topics, do let us know.
Competition Exchange Team