What Has Changed in China’s Amended Anti-Monopoly Law?| Dezan Shira & Associates

On June 24, 2022, the Standing Committee of the National People’s Congress (NPCSC), China’s legislature, released the final version of the revised Anti-Monopoly Law (AML). The updated law, which comes into effect on August 1, 2022, makes several major changes and additions, including prohibiting the use of certain technology to engage in anti-competitive behavior, raising the maximum fines for violations, and curbing abuse by administrative organs and organizations. 

Shortly after the publication of the revised AML, the State Administration of Market Regulation (SAMR) released six sets of draft provisions that have been updated to align with the changes in the AML. The six provisions are: 

• Provisions on Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition 
• Provisions on Prohibition of Monopoly Agreements 
• Provisions on Prohibition of Abuse of Dominant Market Position 
• Provisions of the State Council on the Standards for Declaration of Consolidation of Undertakings 
• Regulations on the Review of Concentration of Business Operators 
• Provisions on Suppressing Abuse of Administrative Power to Exclude and Restrict Competition 

These provisions will assist in the implementation of the AML after they have passed and come into effect. 

The new changes to the AML give more legal teeth to the law underpinning China’s anti-monopoly legislative framework, and will significantly impact large companies and in particular – but not exclusively – large technology and platform companies. 

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