Regulation of Prohibiting Monopoly Agreement

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The Provisional Measures on Investigating and Penalizing Violation of Notification Obligations for Concentrations of undertakings (hereinafter referred to as “Provisional Measures”) was officially published on 30th December 2011 by MOFCOM and will come into effect on 1st February 2012.

Such regulation has been for a long time called on given that not just a few undertakings often choose to escape MOFCOM’s jurisdiction in the antitrust review on concentrations, which reached the threshold by AML and relevant regulations, thus, has derogated MOFCOM’s enforcement effects.

In pursuance to Article 3 of the Provisional Measures, as expected, MOFCOM is the authority concerned in investigating and penalizing concentrations that are not notified in compliance with the law, and where necessary, provincial commence departments can be commissioned to assist MOFCOM regarding its work.Continue Reading Coming out after a Long Wait

On November 29 2010 the National Development and Reform Commission (NDRC) promulgated one substantive regulation and one procedural regulation regarding pricerelated monopolies (for further details please see "NDRC issues new anti-monopoly pricing regulations"). To accompany these regulations, the State Administration for Industry and Commerce (SAIC) issued the Regulation on Prohibiting Monopoly Agreements, the Regulation on Prohibiting Abuse of Market Dominance and the Regulation on Prohibiting Abuse of Executive Authority to Exclude and Limit Competition on December 1 2010.

Continue Reading SAIC regulations signal greater anti-monopoly enforcement