Antitrust Guidelines On Trade Associations Released In China Demand Attention From Foreign Enterprises And Associations

In the context of the revision of the Anti-Monopoly Law in 2022, various regulations and guideline documents have been revised, one such document is the Antitrust Guidelines on Trade Associations (Draft for Comments) ("the Guidelines") released by the State Administration for Market Regulation ("SAMR") on May 15, 2023. The Guidelines aim to create a more comprehensive and multidimensional regulatory framework. In 2022, a case of monopoly agreement organized by a trade association resulted in a total fine of 451 million yuan.

Given the increasing scrutiny faced by trade associations in recent years, it is crucial for foreign enterprises and relevant trade associations they may join to pay attention to these revisions. Foreign enterprises should refrain from engaging in monopolistic practices that are organized or supported by trade associations. They should prioritize strengthening their compliance efforts to ensure adherence to anti-monopoly laws and