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ARTICLE · 06 FEBRUARY 2025

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China Unveils New Anti-Monopoly Guidelines For The Pharmaceutical Sector

Jones Day
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China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025.

ChinaAntitrust/Competition Law
Larissa C. Bergin
Larissa C. Bergin
Charlotte Breuvart
Charlotte Breuvart
Tony Chen
Tony Chen
Lillian He
Lillian He
Eileen Lagathu
Eileen Lagathu
Lawrence Wang
Lawrence Wang
Peter Wang
Peter Wang
Yichen Wu
Yichen Wu
Qiang Xue
Qiang Xue
+1 more
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In Short

The Development: China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025. The Guidelines provide a comprehensive framework for the State Administration for Market Regulation ("SAMR"), the Chinese antitrust regulator, to analyze potential anticompetitive behavior across the pharmaceutical sector, including some types of conduct SAMR has not previously addressed.

The Context: The pharmaceutical and life science industry is one of SAMR's priorities for anti-monopoly enforcement. Since 2018, SAMR has imposed penalties in 28 anticompetitive conduct cases and imposed remedies in three mergers in the pharmaceutical industry. In addition, Chinese courts have become key battlefields for patent litigations involving pharmaceutical companies, often raising anti-monopoly claims or defenses.

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