On 27 and 28 September 2022 the State Administration for Market Regulation (SAMR) released the public comments it received on four regulations, namely:
- the Provisions on Prohibition of Monopoly Agreements;
- the Provisions on Prohibition of Abuse of Dominant Market Positions;
- the Provisions on Prohibition of Abuse of Intellectual Property Rights to Exclude or Restrict Competition; and
- the Provisions on Curbing Abuse of Administrative Power to Exclude or Restrict Competition.
According to the SAMR, from 27 June to 27 July 2022, the period during which comments could be submitted on these regulations it received 339 comments from relevant enterprises, public institutions, industry organisations and individuals. The comments pertain to:
- 135 articles in the Provisions on Prohibition of Monopoly Agreements;
- 67 articles in the Provisions on Prohibition of Abuse of Dominant Market Positions;
- 97 articles in the Provisions on Prohibition of Abuse of Intellectual Property Rights to Exclude or Restrict Competition; and
- 40 articles in the Provisions on Curbing Abuse of Administrative Power to Exclude or Restrict Competition.
The SAMR has studied each article and adopted the comments that are deemed reasonable. Next, it will revise and improve the four regulations based on the comments and carry out the necessary work according to procedure.
In addition to the aforesaid four regulations, the SAMR also solicited public comments on the Provisions on the Examination of Concentration of Undertakings and the Provisions of the State Council on the Threshold for the Reporting of Concentration of Undertakings on 27 June 2022. The SAMR has not yet disclosed the comments solicited for these two provisions.
For further information on this topic please contact Hao Zhan or Ying Song at AnJie Law Firm by telephone (+86 10 8567 5988) or email ([email protected] or [email protected]). The AnJie Law Firm website can be accessed at www.anjielaw.com.