SAMR Circulates Draft Revisions to Anti-Unfair Competition Law
Practical Law China
SAMR Circulates Draft Revisions to Anti-Unfair Competition Law
Practical Law China
On November 22 2022, the State Administration for Market Regulation (SAMR) circulated for public comment the Anti-Unfair Competition Law of the People’s Republic of China. The draft represents what would be the third revision of the Anti-Unfair Competition Law since 2017, reflecting the government’s ongoing effort to keep pace with fast-evolving market forces. Comments on the draft may be submitted to the SAMR until December 22 2022.
In the November edition of GC Agenda China (subscription required), Morrison Foerster partner Paul McKenzie commented on the revised draft that, “A number of the proposed revisions are notable. The concept of a company with a ‘relatively dominant market position,’ which was previously floated in draft legislation and then shelved, would if enacted lower the bar for certain types of anti-trust enforcement from that found in the Anti-Monopoly Law. A number of revisions would strengthen enforcement against anti-competitive practices among online platforms and involving data. It is likely that the draft revisions will further evolve in the public consultation before they are finally enacted.”
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