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Revised Chinese antitrust guidance throws light on how companies can ensure compliance

Published Date
May 20 2024
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Since being introduced by the Anti-Monopoly Committee of the State Council in September 2020, the Antitrust Compliance Guidance for Undertakings has played an important role in increasing companies' awareness of fair competition and antitrust compliance. Now, to accommodate the newly amended Anti-Monopoly Law (AML), further cultivate a fair and competitive market environment, and reflect recent antitrust enforcement practices, the State Council has concluded a comprehensive revamp. It officially issued a revised Antitrust Compliance Guidance for Undertakings (Revised Guidance) on April 25, 2024.

The Revised Guidance aims to assist companies in developing and executing robust antitrust compliance systems tailored to their specific circumstances. By consolidating pertinent antitrust regulations and the practices of antitrust authorities, the Revised Guidance reinforces the importance of understanding antitrust risks and the associated legal responsibilities as outlined in the AML and its subordinate regulations. It also offers additional clarifications and insights into practices that carry high risks. Notably, the Revised Guidance formally introduces a "compliance incentive mechanism" under which companies may obtain lenient penalties or even exemptions if they have adopted an effective antitrust compliance system. Throughout, practical practice-focused examples are given.

We set out below how companies can ensure that their new and existing compliance systems are in line with these latest suggestions.

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Revised Chinese antitrust guidance throws light on how companies can ensure compliance

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