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[Public Solicitation of Opinions on the Revised Draft of Overseas Anti-Monopoly Compliance Guidelines for Enterprises] September 22 (Xinhua) The State Administration for Market Regulation today (22nd) publicly solicited opinions on the "Revised Draft of Anti-Monopoly Compliance Guidelines for Enterprises (Revised Draft for Comment)" to further guide Chinese enterprises to enhance their awareness of overseas anti-monopoly compliance and prevent related legal risks. The deadline for feedback is September 29, 2026. The revisions mainly include the following aspects:
(1) Reflect the latest regulatory trends and developments. In order to help enterprises understand the latest antitrust regulatory trends overseas, this revision summarizes and adds new changes in antitrust legislation and law enforcement, such as embedding the focus of overseas antitrust law enforcement agencies on the digital economy in special chapters on monopoly agreements, abuse of market position, concentration of operators, etc. The latest concentration declaration standards in jurisdictions such as the EU, the United States, and Germany are clarified, and companies are reminded to pay attention to the foreign investment security review and foreign subsidy review systems. In response to the high incidence of overseas antitrust litigation and investigations, in addition to administrative fines and criminal liability, new regulations on initiating private civil litigation in major jurisdictions have been added.
(2) Further refine the regulations in relevant jurisdictions. In order to help enterprises understand the regulatory requirements, legal responsibilities and enforcement priorities of different jurisdictions, this revision has selected representative jurisdictions with active anti-monopoly law enforcement, large amounts of investment and mergers and acquisitions by Chinese enterprises, and special anti-monopoly legal systems. The "some jurisdictions..." in the current "Guidelines" are enumerated and refined to facilitate effective risk identification when enterprises carry out investments, mergers and acquisitions or engage in business activities in the corresponding jurisdictions.
(3) Improve rights protection relief and compliance consulting service channels. In order to help enterprises effectively obtain rights protection relief and compliance support, this revision adds a special chapter on "Service Guarantee and Compliance Resource Acquisition", which includes professional service resources, social group support, government service guarantee, compliance information acquisition channels, and compliance resource library construction. It also lists the ways and channels for enterprises to obtain relief and report problems.
(4) Add typical cases and strengthen the use of cases to explain the law. In order to improve the guidance and warning effect of antitrust law enforcement practice, this revision adds 15 typical cases of global antitrust litigation and investigation in recent years, details the background of the cases, penalty results and compliance implications, and transforms professional legal provisions into popular practical guidance to help companies better understand legal provisions, compare them with their own business behaviors, and avoid antitrust risks.
(5) Add a risk identification list as an appendix. In order to further enhance the operability of the guidelines, this revision combines legal provisions and practical experience and adds six appendices, including the enterprise's overseas antitrust risk self-examination checklist, key points for the construction of a compliance management system, surprise inspection response process, antitrust litigation response process, merger and acquisition declaration and review process, and concentration of undertaking declaration standards and characteristics in some jurisdictions. It creates a ready-to-use toolbox for enterprises to help enterprises better implement compliance requirements and effectively respond. (CCTV News)
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