The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions

In Short The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the digital economy and companies with "relatively advantaged" market positions. The Amendments also would expand the rules against commercial bribery. The Result: China's Anti-Unfair Competition Law ("AUCL"), adopted in 1993 and amended in 2017 and 2019, addresses a broader range of competitive behavior than the Anti-Monopoly Law ("AML"), which is comparable to most antitrust or competition laws around the world. The AUCL focuses on advertising, marketing, business secrets, the digital economy, and commercial bribery. Looking Ahead: The Amendments are likely many months,

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Authors

  • Jones Day (Beijing)
  • Jones Day (Shanghai)
  • Jones Day (Beijing)
  • Jones Day (Beijing)
  • Jones Day (Shanghai)
  • Jones Day (San Francisco)

Quotation

Lawrence Wang, Peter J. Wang, Qiang Xue, Yizhe Zhang, Lillian He, Jerry Ling, The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions, 2 November 2022, e-Competitions November 2022, Art. N° 110109

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