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AnJie Law Firm | China | 1 Apr 2021

Merger control review 2020

The year 2020 was unusual. The outbreak of the COVID-19 pandemic and continued international trade tensions posed challenges to the Chinese antitrust law enforcement authority, the State Administration for Market Regulation (SAMR). Despite the challenges, the SAMR maintained a prudent attitude towards merger control review and even concluded more merger cases compared with 2019.
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AnJie Law Firm | China | 16 Apr 2020

Merger control review 2019

The year 2019 marked the 11th anniversary of the implementation of the Anti-monopoly Law and was also the first full calendar year since the State Administration for Market Regulation (SAMR) became China's single centralised antitrust enforcement agency. Evidently. the SAMR has become more stringent and detail oriented with respect to the analysis of relevant markets and the competition......
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AnJie Law Firm | China | 20 Feb 2020

What's new in revised draft of Anti-monopoly Law?

The State Administration for Market Regulation recently released a revised draft of the Anti-monopoly Law (AML) for public comment. In general, the revised draft follows the current AML's basic framework; however, it significantly enhances the legal liability of AML violators. This article highlights key changes proposed by the revised draft and discusses why these changes matter for business......
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AnJie Law Firm | China | 23 May 2019

Antitrust enforcement review 2018: monopoly investigations

Although still fairly new, the State Administration for Market Regulation (SAMR) diligently investigated and penalised monopolistic behaviour in 2018, publishing a dozen cases alongside its local enforcement agencies which attracted media attention. Notably, livelihood-related industries (including the pharmaceutical industry) and trade associations appeared to come under the SAMR's spotlight.
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AnJie Law Firm | China | 28 Feb 2019

Merger control review 2018

In 2018 the newly formed State Administration for Market Regulation (SAMR) maintained a rigorous and prudent attitude towards merger control review. There was a significant increase in the number of cases concluded and the efficiency with which they were done so. As regards the cases which were conditionally approved, the SAMR imposed various tailored conditions. In addition, the SAMR......
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AnJie Law Firm | China | 30 Aug 2018

SAMR adopts stricter view on identification of competitors in monopoly agreement case

The State Administration for Market Regulation recently fined two Shenzhen tally companies a total of Rmb3,163,108 for entering into a horizontal monopoly agreement. This is one of the first cases to be announced by the newly established antitrust law enforcement agency and may therefore indicate its attitude towards certain industries and behaviours. In particular, the way in which the......
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AnJie Law Firm | China | 12 Apr 2018

NDRC antitrust enforcement in 2017

In 2017 the National Development and Reform Commission actively carried out legislative work and formulated and promulgated industrial guidelines and enforcement procedures. In addition, it remained active in its antitrust enforcement by not only penalising a variety of enterprises for anti-competitive conduct, but also targeting administrative agencies that had abused their administrative......
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AnJie Law Firm | China | 18 Jan 2018

Pharmaceutical companies face harsher antitrust compliance challenges

The National Development and Reform Commission recently released price conduct guidelines for business operators active in the drugs prone to shortages and active pharmaceutical ingredient (API) markets. The guidelines strengthen the API market's price supervision mechanism, clearly regulate market pricing behaviour with regard to drugs prone to shortages and APIs and provide practical......
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AnJie Law Firm | China | 21 Dec 2017

Competing fairly in the digital age – implications of new Anti-unfair Competition Law

The National People's Congress Standing Committee recently passed the long-awaited amendments to the Anti-unfair Competition Law, which will take effect in January 2018. This is the first time that the law has been amended and it will have a significant impact on business practice in China. In particular, the amended law includes a new section addressing internet-related unfair competition......
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AnJie Law Firm | China | 14 Sep 2017

Anti-monopoly enforcement trends in healthcare industry

The healthcare industry has gradually become a key focal point of Anti-monopoly Law enforcement in China. Between the implementation of the law in 2008 and the end of July 2017, the National Development and Reform Commission and the State Administration for Industry and Commerce concluded a number of anti-monopoly penalty cases and accumulated significant industry experience. As such,......
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