Overview

On May 25 2010, the Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau (CEB) of the State Administration for Industry and Commerce (SAIC) of the PRC published three draft anti-monopoly regulations for public comments:

• Provisions of the Administration for Industry and Commerce on Prohibiting Monopolistic
Agreements

• Provisions of the Administration for Industry and Commerce on Prohibiting the Abuse of Dominant Market Positions

• Provisions of the Administration for Industry and Commerce on Curbing Abusive Acts of Administrative Powers to Eliminate or Restrict Competition

Earlier versions of two of these regulations – the Monopolistic Agreement Provisions and the Abuse of
Market Dominance Provisions (Old Monopolistic Agreement Provisions and Old Abuse of Market Dominance Provisions) – previously were published by CEB for comments on April 27, 2009. The draft Abuse of Administrative Powers Provisions have just been released for comments for the first time. While these three regulations are not the first SAIC regulations implementing the PRC Anti-Monopoly Law (AML), they are the first three sets of substantive regulations from SAIC intended to facilitate enforcement of the AML. CEB accepted public comments on these drafts until June 7 2010.

In this edition of its China Antitrust Update, Lovells Hogan reports on the highlights of the three draft regulations.

Click ‘View Briefing’ to read their report.