Antitrust

Draft contains provisions which could hinder competition if applied strictly

Thirteen months after the Anti-monopoly Law came into effect, there is still uncertainty in the market. Companies are worried that some common practices may fall foul of the law, and the role of the enforcement agencies is not well defined. Seeking clarity, China Law & Practice spoke with Jun He Law Offices' antitrust and competition group partners

Grandall Legal GroupZhan [email protected] PRC Anti-monopoly Law (AML) has been in effect for exactly one year and such a milestone provides…

The Measures explain the calculation of the business turnover of banking financial institutions, securities companies, futures companies, fund management companies and insurance companies for the reporting of concentrations of business operators.

The revised Provisions remove the part on anti-monopoly investigation.

“Relevant market” defined for China's anti-monopoly law enforcement.

Anti-monopoly Law enforcement may be handled by local branches of SAIC.

The Guidelines elaborate on the fundamental basis for defining the relevant market: demand substitutability and supply substitutability. They also explain the hypothetical monopolist test analytical approach.

New guidelines issued by the State Council clarify the framework to be used in defining the relevant market. Ken Dai of Zhongyin Law Firm analyses the rules