2018 in Review – the Beginning of a New Era of AML Enforcement
摘要
In the past year, the enforcement of China’s Anti-Monopoly Law (“AML”) was characterised by continued activism and a number of new developments. China consolidated the functions of previous three antitrust agencies, i.e. merger review under the Ministry of Commerce (“MOFCOM”), price-related antitrust investigations under the National Development and Reform Commission, and non-price related investigations under the State Administration for Industry and Commerce into a newly established government agency, the State Administration for Market Regulation (“SAMR”). On the merger control front, to deal with an increased number of notified transactions, MOFCOM/SAMR continued to increase case reviewing efficiency and shorten the reviewing time under its simplified procedure. The development and importance of antitrust litigation in China continued its momentum and provided more clarity for the interpretation of the AML. Some of the milestone cases in 2018 include the final trial of Gree and WeChat case decided by the Supreme People’s Court. The authorities in China have also drafted/promulgated a number of new legislative initiatives, seeking to provide further substantive guidance and improve procedural transparency in the anti-trust space.
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