China Releases Anti-Monopoly Compliance Guide for Undertakings
Published 8 May 2024
Matthew Murphy
On 25 April 2024, China's Anti-Monopoly and Anti-Unfair Competition Commission of the State Council released its revised Anti-monopoly Compliance Guide for Undertakings.
The key changes are as follows:
(1) Establishing a chapter on compliance management organizations;
(2) Refining the content of compliance risk management;
(3) Improving the operation and safeguarding of compliance management;
(4) Adding a chapter on compliance incentives; and
(5) Adjusting and improving the supplementary provisions.
The Guide specifies key points of compliance risks in areas such as monopoly agreements, abuse of market dominance, concentration of undertakings, and refusal to cooperate with investigations. It also mentions new risks of monopolistic practices related to administrative authorities' abuse of administrative power to exclude or restrict competition that undertakings may face. Additionally, the Guide includes twenty-two reference examples in corresponding sections to provide undertakings with clearer and more specific guidance for compliance.