SAMR Releases Guidelines for Corporate Overseas Anti-monopoly Compliance
ISSUING AUTHORITY:
The State Administration for Market Regulation
DATE OF ISSUANCE:
November 15, 2021
On November 15, 2021, the State Administration for Market Regulation (“SAMR”) released the Guidelines for Corporate Overseas Anti-monopoly Compliance (the “Guidelines”), in an effort to encourage companies to promote compliant fair competition and establish improved management systems for overseas anti-monopoly compliance.
The Guidelines explain the overseas anti-monopoly compliance management system, the focus of overseas anti-monopoly compliance risks, and anti-monopoly risk management. The Guidelines also explain anti-monopoly actions in various jurisdictions including monopoly agreements, definition of abuse of dominant market position, specific content of concentration, methods of anti-monopoly investigation overseas, rights of enterprises in overseas anti-monopoly investigations, and foreign anti-monopoly lawsuits.
The new Guidelines are applicable to Chinese enterprises operating abroad and those engaged in business operations in China that may have an impact on overseas markets. The affected business scopes include import and export trade, overseas investment, mergers and acquisitions, transfer or licensing of intellectual property rights, bidding and tendering, and other business activities overseas.
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