State Administration for Market Regulation, Provisions for the Prohibition of Monopoly Agreements (Draft for Comments)

国家市场监督管理总局禁止垄断协议规定 (征求意见稿)

July 15, 2022 | BY

Susan Mok

SAMR specifies exceptions of monopoly agreements

Issued: June 27, 2022

Main contents: Where a business operator and a transaction counterparty reach an agreement and the business operator can show that the same satisfies the following conditions, it shall not be prohibited:

(1)    the market share of the business operator and the transaction counterparty in the relevant market is less than 15%; where the State Council's anti-monopoly law enforcement authority provides otherwise, such provisions shall be complied with; and

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