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SAMR Seeks Comments on Anti-monopoly Compliance Guide for Business Operators

Mon May 06 16:11:00 CST 2024 发布人:Editor

On March 22, the State Administration for Market Regulation (SAMR) revised and formed the Anti-monopoly Compliance Guide for Business Operators (Draft for Comment) (the "Draft") to solicit public opinions, which has come to an end by now.

The Draft covers general provisions, compliance management body, compliance risk management, compliance management operation and guarantee, compliance incentive, among others. Regarding compliance management body, the Draft specifies that an anti-monopoly compliance management body shall be formed by compliance governance body, responsible person for compliance management, and the leading department of compliance management. Business operators may establish an anti-monopoly compliance governance structure based on actual conditions and divide corresponding anti-monopoly compliance management responsibilities at the three levels of decision-making, management, and execution. Regarding legal liability and risk, the Draft identifies seven categories of liability, including the legal liability for entering into monopolistic agreement, the legal liability for abuse of dominant market position, and the legal liability for illegally implementing the concentration of undertakings.

(Source: State Administration for Market Regulation)