China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Amends Rules on Review of Concentrations of Undertakings

Mon, 29 May 2023
Categories: China Legal Trends

On 10 Mar. 2023, China’s State Administration for Market Regulation (SAMR) issued the amended Provisions on the Review of Concentrations of Undertakings (hereinafter the “Provisions”, 经营者集中审查规定).

This amendment comes only one year after China amended the Provisions in March 2022.7 Among others, the following points are noteworthy.

  • According to the Provisions amended in 2022, SAMR shall treat all operators equally when conducting anti-monopoly reviews of concentrations of undertakings. However, the Provisions amended in 2023 deleted the phrase of “treat equally” and replaced it with “classified and graded review”. It also provides that SAMR may separately formulate specific review measures for the concentrations of undertakings in important fields related to the national economy and people’s livelihood, etc., which means that new rules allow for the concentrations of undertakings in certain fields.
  • In order to reduce the actual or potential effect of a concentration in eliminating or limiting competition, the parties involved in the concentration may submit to the SAMR a proposal for commitments to impose a restriction, including behavioral restrictions such as (i) granting access to a network, a platform, or any other infrastructure; (ii) licensing a key technology (including patents, proprietary technologies, and other intellectual property); (iii) terminating an exclusive or monopolistic agreement; (iv) maintaining independent operations; (v) modifying platform rules or algorithms; and (vi) undertaking to be compatible or not to reduce the level of interoperability.
  • The Provisions amended in 2023 added regulation of anti-monopoly enforcement officer, which provided that employees of anti-monopoly law enforcement institutions who abuse their power, neglects their duties, engage in malpractices for personal benefits, or divulge trade secrets, personal privacy, or personal information known during law enforcement will be punished.

 

 

Cover Photo by Zetton Zhang on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

First Tort Suit Under China’s Anti-Foreign Sanctions Law

In March 2025, China’s Supreme People’s Court (SPC) reported the first-ever tort suit under the Anti-Foreign Sanctions Law, enabling a Chinese firm to recover over CNY 84 million after a European partner withheld payment invoking a third country’s sanctions.

ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence (July 10, 2025)

The Asian Business Law Institute (ABLI) and the Hague Conference on Private International Law (HCCH) will host their fourth joint webinar on July 10, 2024 (5:00–6:10 PM SGT), focusing on electronic service of documents and remote taking of evidence under the Service and Evidence Conventions, featuring expert speakers, with an early bird discount available until June 10.

China Tightens Corporate Personal Data Audit Rules

In February 2025, China's Cyberspace Administration issued the "Measures for the Administration of Personal Information Protection Compliance Audits", effective May 1, 2025, mandating regular audits for companies, especially those processing data of over 10 million individuals, to ensure transparency and legality in personal data handling.

SPC Releases Typical Cases on Telecom Fraud Crimes

In February 2025, China's Supreme People's Court (SPC) released eight typical telecom fraud cases, exposing new criminal methods and highlighting intensified judicial efforts after handling 31,000 such cases in 2023.

SPC Targets Cyber Extortion with Typical Cases

In February 2025, China’s Supreme People’s Court (SPC) released six typical cases showcasing its crackdown on emerging cyber extortion crimes, including spreading rumors and sextortion, to encourage victims to seek legal protection.

China Issues New Rules on Foreign-Related IP Disputes

In March 2025, China issued regulations effective May 1, 2025, to enhance dispute resolution, evidence collection, and countermeasures for foreign-related intellectual property disputes, strengthening services and enterprise capabilities.

SPC Issues China’s First Anti-Anti-Suit Injunction (AASI) in IP Case

In December 2024, China’s Supreme People’s Court (SPC) issued its first anti-anti-suit injunction in a patent dispute, Huawei v. Netgear, prohibiting Netgear from obstructing Huawei’s Chinese litigation, marking a significant step in global standard-essential patent governance.

SPC Launches Diversified Dispute Resolution Case Database

In February 2025, China's Supreme People's Court launched a public “Diversified Dispute Resolution Case Database” with over 200 cases, showcasing mediation and arbitration examples across various dispute types to guide alternative dispute resolution.