Avoid antitrust suspicions by approaching compliance holistically

To avoid antitrust investigations, companies need to increase compliance efforts, adopt a holistic approach to mitigate legal risks, and re-visit established business practices, say counsel.

Following the January 4 publication of the National Development and Reform Commission's (NDRC's) Anti-price Monopoly Provisions (国家发展和改革委员会反价格垄断规定) , the government took a further step by releasing three implementation rules tackling monopolistic agreements, abuse of dominance and the abuse of administrative power. The State Administration for Industry and Commerce (SAIC) issued the set of regulations, which provides further detail to definitions of dominance.

They are the Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Monopolistic Agreements (工商行政管理机关禁止垄断协议行为的规定), the Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Abuse of Dominant Market Position (工商行政管理机关禁止滥用市场支配地位行为的规定), and the Provisions for the Suppression by Administrations for Industry and Commerce of Acts of Abuse of Administrative Authority to Eliminate or Restrict Competitive Acts (工商行政管理机关制止滥用行政权力排除、限制竞争行为的规定).