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ARTICLE · 12 JANUARY 2026

Market Intelligence Thought Leadership Award Winner

China's Safe Harbor For Vertical Monopoly Agreements Finally Lands—With Some Tweaks

Jones Day
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Following the 2022 amendments to China's Anti-Monopoly Law ("AML") that authorized general safe harbor thresholds for vertical agreements, the State Administration...

ChinaAntitrust/Competition Law
Alexandre Verheyden
Alexandre Verheyden
Craig Waldman
Craig Waldman
Lawrence Wang
Lawrence Wang
Peter Wang
Peter Wang
Yichen Wu
Yichen Wu
Qiang Xue
Qiang Xue
Yizhe Zhang
Yizhe Zhang
Leo Zhou
Leo Zhou
Author LinkedIn connections

In Short

The Background:Following the 2022 amendments to China's Anti-Monopoly Law ("AML") that authorized general safe harbor thresholds for vertical agreements, the State Administration for Market Regulation ("SAMR") has now issued amended Provisions on Prohibiting Monopoly Agreements (the "Provisions") establishing specific safe harbor rules.

The Situation: The amendments, effective February 1, 2026, introduce narrower safe harbor conditions for resale price maintenance ("RPM") while maintaining a more lenient safe harbor for other vertical restraints. The safe harbor does not provide absolute immunity; rather, once parties prove their qualification for the safe harbor, the burden of proof shifts to the enforcement agency or private plaintiff to show anticompetitive effects.

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