Category: competition law enforcement

Key Take-Aways from SAMR’s Triple Guidance on Antitrust Enforcement

Lin Yifu*

SAMR's Logo @ Hong Kong Competition ExchangeSAMR’s Logo ©️ Hong Kong Competition Exchange

On June 26, 2019, the State Administration for Market Regulation (hereinafter “SAMR”) promulgated three interim provisions in implementing Anti-Trust Law, all of which would come into effect on September 1, 2019.[1] Respectively, these new regulations[2] would govern three categories of monopolistic behaviors: monopoly agreements, abuse of dominant market position, and abuse of administrative power to exclude or restrict competition.

SAMR’s triple guidance on antitrust enforcement came against the backdrop of the “three-in-one” anti-trust law enforcement agency reform in 2018.[3] Against such background, SAMR aims to unify the fragmented tripartite enforcement scheme as existed previously where three separate agencies shared overlapped authorities.[4] These new regulations, as the … Read the rest

Shenzhen Takes Lead in Improving Antitrust Enforcement Transparency

Qu Gangyi

Qianhai Pilot Free Trade Zone (“Qianhai”), an innovative area in Shenzhen, aims to create an effective and more transparent antitrust enforcement mechanism.[1] Qianhai is seeking to serve as a role model for the country by improving the transparency of antitrust investigations. The Guidelines on Anti-monopoly Work (“Guideline”)[2] promulgated by the Qianhai Management Committee (“Committee”) is a big step towards achieving this goal.

This article, divided into five sections, provides an overview of how the Guideline improves antitrust transparency. Section One explains the problem of transparency of antitrust investigation in current laws and practices. The next three sections articulate three important institutional reforms in the Guideline: clarifying investigation authority and the process before investigation, … Read the rest