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ARTICLE · 15 NOVEMBER 2018

China's Antitrust Regulator Ramps Up Scrutiny, Enforcement Of Behavioral Remedies

Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
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These additional costs can easily run into the hundreds of thousands or even millions of dollars over a full review period.

ChinaAntitrust/Competition Law

In March 2018, China's State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China. Previously, antitrust enforcement in China was administered by three separate ministries, each responsible for different types of cases: the National Development and Reform Commission (NDRC) handled price-related conduct cases, the State Administration of Industry and Commerce (SAIC) dealt with nonprice-related conduct cases, and the Ministry of Commerce (MOFCOM) was responsible for merger reviews.

Since the consolidation process was completed in September 2018, SAMR has been strengthening overall enforcement of the Anti-Monopoly Law (AML) in China. With respect to merger control in particular, SAMR has significantly enhanced its supervision of the behavioral remedies it has imposed in its recent conditional approvals, taking a much more active role and

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