Competition compliance—China—Q&A guide — 2022
Published by a LexisNexis Commercial expert
Last updated on 25/05/2022

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Competition compliance—China—Q&A guide
  • 1. What key legislation governs competition in your jurisdiction?
  • 2. Which authorities are charged with enforcing competition law in your jurisdiction and what is the extent of their powers?
  • 3. What are the consequences of non-compliance with competition law?
  • 4. Do the authorities issue guidance on compliance with competition law?
  • 5. Do any other laws outside the main competition legislation regulate competition in your jurisdiction, including any sector-specific regimes? Do they cover any other anticompetitive practices not caught by the main legislation?
  • 6. How does a company demonstrate its commitment to competition compliance?
  • 7. Is there a government-approved standard for compliance programmes in your jurisdiction?
  • 8. What are the key features of a compliance programme regarding risk identification?
  • 9. What are the key features of a compliance programme regarding risk assessment?
  • More...

Competition compliance—China—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to competition compliance in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022).

Authors: King & Wood Mallesons—Cheng Liu; Audrey Yumeng Li; Zhu Qunfei; Shiwei Xu; Ye Hongtao

1. What key legislation governs competition in your jurisdiction?

The key legislation governing competition in China is the Anti-Monopoly Law (AML), which came into effect in 2008. On October 23, 2021, the Standing Committee of the National People's Congress promulgated the Draft Amendments of Anti-Monopoly Law (Draft Amendments). It is widely suspected that the legislation procedure of the amendment will be accelerating.

In addition, a large number of draft and final guidance notices dealing with various areas, including procedural, documentary and substantive matters, have been published since then. Some key pieces of legislation include:

  1. the Interim Provisions on Prohibition of Monopoly Agreements;

  2. the Interim Provisions on Prohibition of Abuse of Market Dominance;

  3. the Interim Provisions on Prohibition of Abuse of Administrative Power;

  4. the Regulations on Prohibiting Abuses of Intellectual Property Rights to Exclude and Restrict Competition; and

  5. the Interim Provisions on the Review of Concentrations of Undertakings.

These regulations provide guidance on determining monopoly agreements and abusive conduct, and procedural rules for investigation of such conduct, and consolidate provisions on the notification of and reviewing mergers.

Other than the above, detailed guidelines

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