Authored by Michael Gu (michaelgu@anjielaw.com) , Yu Shuitian (yushuitian@anjielaw.com) at AnJie Law Firm and Sun Sihui (sunsihui@anjielaw.com)

Overview

Six years after the implementation of the Anti-Monopoly Law (“AML”), the National Development and Reform Commission of the People’s Republic of China (“NDRC”) and the State Administration for Industry and Commerce of the People’s Republic of China (“SAIC”) have gradually strengthened their anti-monopoly law enforcement in terms of investigation with rounds of record fines. The range of industries involved is widening, the nature of cases is diversifying, and the enforcement procedure is becoming more open to the public. Given the intensified frequency of investigation initiated and level of penalties imposed by the two competition authorities, it can be seen that China has gradually become one of the three most important antitrust enforcement jurisdictions together with the United States and the European Union. The investigation and enforcement may have far-reaching influence both on those foreign companies directly engaged in business activities within China and those multinationals indirectly connected with China.

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