Chinese Antitrust Authority Publishes New Procedural Rules For Non-Merger Investigations

On June 5, 2009, the PRC State Administration of Industry and Commerce ("SAIC") published two new sets of procedural rules to implement the Chinese Anti-Monopoly Law ("AML"). One set of rules deals with procedures for the investigation and handling of cases involving monopoly agreements and abuses of dominant market position. The other specifies procedures for investigation and handling of administrative monopolies. Both take effect on July 1, 2009.

Although it has been ten months since the AML came into effect on August 1, 2008, SAIC has not taken any formal or public actions under the AML, despite rumors that it already has received more than 1,000 complaints of anticompetitive conduct. Promulgation of these new procedural rules may herald the start of AML enforcement by SAIC.