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ARTICLE · 01 JUNE 2023

China Introduces Rules For Antitrust Review Of Non-Reportable Transactions And Other Antitrust Regulations

Jones Day
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China's State Administration for Market Regulation ("SAMR") recently released four regulations ("Regulations") that implement 2022 amendments to the Anti-Monopoly Law of China ("AML").

ChinaAntitrust/Competition Law
Lawrence Wang
Lawrence Wang
Peter Wang
Peter Wang
Yichen Wu
Yichen Wu
Qiang Xue
Qiang Xue
Yizhe Zhang
Yizhe Zhang
Author LinkedIn connections

In Short

The Development: China's State Administration for Market Regulation ("SAMR") recently released four regulations ("Regulations") that implement 2022 amendments to the Anti-Monopoly Law of China ("AML"). The most significant changes address "hub-and-spoke" agreements, antitrust leniency applications for individuals, SAMR's review of non-reportable M&A deals, and gun jumping.

The Result: Regulations that encourage individual employees (even if the employee is culpable) to seek leniency for "monopolistic agreements"—China's analog to the United States' Sherman Act Section 1—are likely to prompt more antitrust investigations. In M&A, the Regulations explain how SAMR may investigate, suspend, block, or unwind non-reportable deals that harm competition.

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