The Chinese National Development and Reform Commission releases draft antitrust guidelines on leniency and commitments for public comment

On 2 February 2016, the NDRC released both the draft Guideline on the Application of Leniency in Cases Involving Horizontal Monopoly Agreements (draft leniency guideline) and the draft Guideline on Commitments in Anti-Monopoly Cases (draft commitment guideline) for public comment. The public consultation period for both draft guidelines ended on 22 February 2016. Draft leniency guideline The leniency guideline aims to provide guidance on how Article 46(2) of the Anti-Monopoly Law (AML) applies to cases involving horizontal anticompetitive agreements, to improve transparency, and to help businesses apply for leniency. Article 46(2) provides that, if a business voluntary reports its anticompetitive conduct to the competition authorities and provides important evidence, the authorities