SAMR Interim Rules on Monopoly Agreements and Abuse of Dominance

 Authored by John Jiang, Scott Yu and Frank Jiang 

(This article has also been published by Lexology on its website at https://www.lexology.com/library/detail.aspx?g=52667833-43f7-4118-9548-46ad5f2357bb.)

Notes

[1] The MLA Rules will repeal the Procedural Rules for Administration for Industry and Commerce to Investigate and Dispose of Cases Involving Monopoly Agreement and Abuse of Dominant Market Position and the Rules of Administration for Industry and Commerce on Prohibition Against Monopoly Agreements promulgated by the former State Administration for Industry and Commerce (“SAIC”), and the DMP Rules will repeal the Rules of Administration for Industry and Commerce on Prohibition against Abuse of Dominant Market Position promulgated by the former SAIC.

[2] “This Convention shall not apply to the following matters ... anti-trust (competition) matters, except where the judgment is based on conduct that constitutes an anti-competitive agreement or concerted practice among actual or potential competitors to fix prices, make rigged bids, establish output restrictions or quotas, or divide markets by allocating customers, suppliers, territories or lines of commerce, and where such conduct and its effect both occurred in the State of origin”. (Article 2.1(p), Exclusion of Scope, Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, signed on July 2, 2019.

End

About the Authors

John Jiang

Beijing Office

Counsel

Practice Areas：Antitrust/Competition, Mergers & Acquisitions, Private Equity & Investment Fund

Scott Yu

Beijing Office

Partner

Practice Areas：Antitrust/Competition, Capital Markets/Securities, Mergers & Acquisitions

Frank Jiang

Beijing Office 

Partner

Practice Areas：Antitrust/Competition, Mergers & Acquisitions, Litigation & Arbitration

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