SAMR's Triple Guidance On Antitrust Enforcement

On 1 July 2019, the State Administration for Market Regulation (SAMR) made public three sets of regulations to implement China's AntiMonopoly Law (AML):

• the Interim Regulation Prohibiting Monopoly Agreements ( SAMR Agreements Regulation);
• the Interim Regulation Prohibiting Conduct Abusing Dominant Market Positions ( SAMR Abuse of Dominance Regulation); and
• the Interim Regulation Preventing Conduct Abusing Administrative Rights to Eliminate or Restrict Competition ( SAMR Administrative Monopoly Regulation).

The three regulations will enter into force on 1 September 2019.

The regulations contain a mix of substantive and procedural rules. In many ways, they represent continuation of the AML implementing rules issued by SAMR's predecessors as antitrust enforcement body, the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC).