Legislative developments Following the amendment of the Anti-Monopoly Law (AML) in 2022, the State Administration for Market Regulation (SAMR) unveiled a series of departmental regulations in March 2023: (1) Provisions on Prohibiting Monopoly Agreements; (2) Provisions on Prohibiting Abuse of Dominant Market Position; (3) Provisions on the Examination of Concentrations of Undertakings; (4) Provisions on…
The year of 2022 was marked by the first amendment of China’s Anti-Monopoly Law (AML) since its entry into force in 2008 and the gradual shift of the enforcement focus towards the objectives of the unified national market. Amendment of the Anti-Monopoly Law and other legislative developments First, the AML amendment incorporated the “fair…
The year of 2021 was very dynamic for China’s competition law. It was marked by the adoption of the new competition legislation, accelerating antitrust enforcement in the digital economy, breaking new records in terms of fines and merger prohibitions, re-organization of the competition authority, and promotion of stronger antitrust compliance programs. Anti-monopoly legislation and…
On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for abusing its dominant position on the e-commerce platform services market. The decision concludes the investigation launched at the end of 2020…
On 12 March 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), has announced ten decisions imposing maximum fines for the failure to notify economic concentrations under the applicable merger control rules. The sanctions targeted China’s leading tech companies, which have been recently subjected…
On 7 February 2021, the Anti-Monopoly Commission of the State Council issued the Anti-Monopoly Guidelines for the Platform Economy (the Guidelines) clarifying the application of the Anti-Monopoly Law (AML) to the potential anti-competitive practices of the online platforms. The issuance of the Guidelines sends a clear message to the online platforms that antitrust enforcement in…
EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the existence…
EU FDI Screening Regulation: separating security and competition concerns Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the…
