Is China Giving Carte Blanche for Anti-Competitive Conduct by PRC Companies Doing Business Overseas?* PRC companies should be careful not to interpret as carte blanche for anti-competitive behavior a recent policy statement by the Chinese government encouraging PRC companies to coordinate their activities and cooperate with each other while investing overseas. The statement also highlights the need for foreign companies to be on guard for possible anticompetitive conduct by their PRC business partners (and competitors). On June 29, 2012, thirteen agencies—including the three agencies responsible for enforcing China’s Anti-Monopoly Law (“AML”): the Ministry of Commerce (“MOFCOM”), National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce
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The Chinese MOFCOM, NDRC, and SAIC issue a joint enforcement draft opinion on the policy statements regarding Chinese foreign investment
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