Competition Law/ Anti-Monopoly Law

Michael Gu / Sihui Sun[1]

Introduction

In 2018 the Anti-monopoly Law celebrated its 10th anniversary. Further, the antitrust enforcement functions of China’s three former antitrust agencies (ie, the Ministry of Commerce (MOFCOM), the National Development and Reform Commission and the State Administration for Industry and Commerce) were consolidated into the new State Administration for

Zhan Hao, Song Ying, Yang Zhan

The year 2018 should be a milestone for Anti-Monopoly Law of the People’s Republic of China (“AML”) enforcement and development in China.

On May 9, 2018, the newly established State Administration for Market Regulation (“SAMR”), as a sole Chinese antitrust and competition authority, has

Michael Gu and Charles Xiang

Introduction

On 20 July 2018 the State Administration for Market Regulation (SAMR) published a decision fining two Shenzhen tally companies a total of Rmb3,163,108 for entering into a horizontal monopoly agreement[1]. According to the decision, China United Tally Shenzhen and China Ocean Shipping Tally Shenzhen reached and implemented

Authored by ZHAN Hao (zhanhao@anjielaw.com), SONG Ying (songying@anjielaw.com) & Stephanie WU (wuyuanyuan@anjielaw.com) at AnJie Law Firm.

On August 9 2018, the finalised China’s three-pronged plan for consolidating its antitrust agencies under the State Administration for Market Regulation (SAMR) is released. This initiative has been anticipated and speculated on since the central government’s release of its

Authored by Michael Gu (michaelgu@anjielaw.com) & Sun Sihui (sunsihui@anjielaw.com) at AnJie Law Firm.

In 2017 the National Development and Reform Commission (NDRC) undertook a number of legislative and antitrust enforcement activities. It launched more than 80 investigations into enterprises and administrative agencies and imposed more than Rmb500 million in fines – a steady increase compared

Authored by Zhan Hao (zhanhao@anjielaw.com) ,Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.

The concept of “shifting alliances” is derived from EU competition law. According to paragraph 80 of the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2008/C 95/01) (the “Notice”),

Authored byZhan Hao (zhanhao@anjielaw.com) ,Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.

In around ten years of China’s Anti-Monopoly Law (“AML”) enforcement history, there have seen a number of public enforcement cases associated with collective boycott among competitors (see Table 1).   Both the National Development and Reform Commission (NDRC) and the

Authored by Song Ying (songying@anjielaw.com) , Ma Chenghao (machenghao@anjielaw.com) ,Wei Fei ( weifei@anjielaw.com) and Sharif Hendry (sharifhendry@anjielaw.com) at AnJie Law Firm.

On January 11 2018, following the media report that certain mobile phone application software was infringing user privacy, the Ministry of Industry and Information Technology organised talks with three internet companies. The ministry pointed

Authored by Zhan Hao (zhanhao@anjielaw.com) ,Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.

 On March 13, 2018, Li Keqiang, Premier of the State Council of the People’s Republic of China submitted a proposal to the People’s Congress in session to review and consider the "Institutional Reform Program of the State Council"