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ARTICLE · 17 JANUARY 2011

Enhanced Antitrust Enforcement Expected in China as Long-awaited Anti-Monopoly ‘Implementing Rules’ Finalised

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China looks set to enter a new phase of enforcement in relation to the Anti-Monopoly Law (AML), with two of its main antitrust enforcement agencies recently promulgating key implementing rules that contain guidance on, and outline an enforcement framework for, the AML’s key behavioural prohibitions.

ChinaAntitrust/Competition Law
Hannah Ha
Hannah Ha
Gerry O'Brien
Gerry O'Brien
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Originally published 14 January 2011

Keywords: antitrust enforcement, China, anti AML, implementing rules

China looks set to enter a new phase of enforcement in relation to the Anti-Monopoly Law (AML), with two of its main antitrust enforcement agencies recently promulgating key implementing rules that contain guidance on, and outline an enforcement framework for, the AML's key behavioural prohibitions.

In the final days of 2010, the National Development and Reform Commission of China (NDRC) and the State Administration of Industry and Commerce of China (SAIC) promulgated a total of five AML-related implementing rules, the contents of which are summarised in the tables below. As previous delays in finalising the rules were believed to be a major reason for the NDRC and SAIC holding off from significant enforcement efforts in relation to the AML's behavioural prohibitions, there are expectations for more vigorous enforcement in the months ahead. Indeed, since

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