China Monthly Antitrust Update - December 2022

LEGISLATION

Anti-Unfair Competition Law Amendment Proposes to Add "Relative Advantage" Clause

On November 22, 2022, the State Administration for Market Regulation ("SAMR") released the Anti-Unfair Competition Law of the People's Republic of China (Revised Draft for Comments). The Anti-Unfair Competition Law has been in force since 1993 and was revised twice in 2017 and 2019. The draft has four main aspects: first, to improve the rules against unfair competition in the digital economy, second, to supplement and improve the existing unfair competition types, third, to add new types of unfair competition, and fourth, to improve the legal liability.¹

SPC Revises Judicial Interpretation of Antitrust Civil Litigation