China

SAMR's Anti-Monopoly Bureau (AMB) is the primary enforcement body, consolidating functions previously split among MOFCOM, NDRC, and SAIC. Provincial market regulation departments handle delegated cases.

AML Article 17 prohibits monopoly agreements including price fixing, output limitation, market allocation, and bid rigging among competitors. Hub-and-spoke arrangements addressed in the 2022 amendments.

AML Article 18 (2022) addresses vertical monopoly agreements including RPM and territory restrictions. The 2022 amendment clarified that RPM can be a per se violation but allows safe harbour for parties with <15% market share.

AML Article 22 prohibits abuse of dominant market position, including unfair pricing, below-cost selling, refusal to deal, exclusive dealing, tying, and discriminatory treatment. Dominance presumed at 50% for one firm, 67% for two, 75% for three.

Mandatory pre-notification for concentrations meeting turnover thresholds (combined worldwide >RMB 12bn and at least two parties >RMB 800m China turnover). Three-phase review: preliminary (30 days), further review (90 days), additional review (60 days). Stop-the-clock mechanism added in 2022.

AML Article 56 provides for reduced penalties for voluntary reporting of monopoly agreements. First applicant may receive full immunity, second up to 50% reduction, others up to one-third. Guidelines issued in 2024.

Undertakings may offer commitments during investigation. SAMR can suspend investigation upon acceptance of commitments and terminate if commitments are fulfilled. Commitment mechanism widely used in merger conditions.

Fines up to 10% of prior year turnover for monopoly agreements and abuse of dominance (increased from 1-10% by 2022 amendment). Merger gun-jumping fines up to RMB 5 million. Individual liability for responsible persons (up to RMB 1 million).

The 2022 AML amendment added provisions addressing platform economy competition. Anti-Monopoly Guidelines for the Platform Economy (2021) target data-driven competition, algorithmic collusion, and self-preferencing. Active enforcement against Alibaba, Meituan, and Didi.

SAMR has general jurisdiction. Sector regulators (MIIT for telecoms, CBIRC for banking, CSRC for securities) cooperate on sector-specific competition matters but do not have formal concurrent jurisdiction.

SAMR has broad investigative powers including on-site inspections, document seizure, questioning, bank account inquiries, and digital evidence collection. Cooperation with local market regulation authorities for execution.

Private parties can bring civil lawsuits for damages caused by anti-monopoly violations. Courts can accept standalone claims. However, private enforcement remains limited compared to administrative enforcement, with evidentiary challenges and modest damage awards.

SAMR has MOUs with competition authorities in the US, EU, UK, Japan, South Korea, Russia, Brazil, and others. Active in ICN, OECD (observer), BRICS competition forum. Coordinates on multi-jurisdictional merger reviews.

Continued platform economy enforcement. Alibaba fine (RMB 18.2bn, 2021) remains China's largest. Increased merger filing activity following threshold revisions. Focus on pharmaceutical, automotive, and technology sectors. Gun-jumping enforcement.