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China Amends Anti-Monopoly Law

Mon, 01 Aug 2022
Categories: China Legal Trends

On 24 June 2022, the Standing Committee of the 13th National People’s Congress adopted the “Decision on Amending the Anti-Monopoly Law” (《关于修改反垄断法的决定》), which came into effect on 1 Aug. 2022.

The amended Anti-Monopoly Law determines that the anti-monopoly law enforcement agency under the State Council shall be responsible for the unified enforcement of the amended law.

The amended law further targets the digital economy by adding provisions on the use of data and algorithms, stipulating that “Operators shall not use data, algorithms, techniques, capital advantages, platform rules, etc. to engage in monopolistic behavior prohibited by this Law.”

Noteworthy points include the following:

(1) To clarify that the “Anti-Monopoly Law Enforcement Agency under the State Council” is the enforcement agency of the AML.

(2) To further clarify the specific rules for the application of anti-monopoly-related provisions in the platform economy.

(3) To improve the “safe harbour” mechanism for monopoly agreements.

(4) To improve the investigation and handling procedures for the concentration of business operators that do not reach the declaration threshold.

(5) To set out specific requirements for the review of the concentration of business operators.

 

 

Cover Photo by Andreas Felske on Unsplash

Contributors: CJO Staff Contributors Team

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