Potential Impacts of the Proposed Anti-monopoly Law Amendments
Since the enforcement of the Anti-Monopoly Law of the People’s Republic of China (“AML”) in 2008, there are many related administrative law enforcement and judicial cases occurred. On the basis of a large number of decisional experiences, the State Administration of Market Supervision (“SAMR”) made a big stride in the new year of 2020 and publicly released the Anti-Monopoly Law Revised Draft for Public Comments (“Draft for Comments”). As an “economic constitution”, the AML is not only committed to maintaining market competition order, but also deeply touches the business model and business logic of enterprises. Considering that the Draft for Comments put forward higher requirements for companies’ compliance, this article aims to tailor to such needs, by focusing on the daily operations of enterprises, mergers and acquisitions, establishment of joint venture, cooperation with investigations, and dealing with administrative monopoly. It selects the main points of the Draft for Comments and tries to show the important impact of these changes on business operations and decision-making process.