On June 20, the State Administration for Market Regulation (SAMR) drafted and released the Anti-Monopoly Compliance Guidelines for Concentrations of Undertakings (Draft for Comment) (the "Draft"), which is now open for public comments until July 3, 2023.

The Draft consists of six chapters, covering the main provisions on the review system for concentrations of undertakings, key compliance risks, compliance risk management, and measures to safeguard compliance management. The Draft clarifies that undertakings that violate the provisions on concentrations of undertakings under the Anti-Monopoly Law of the People's Republic of China (Revised in 2022) may be hold legally liable, such as, "those receiving administrative penalties due to illegal acts will have their illegal acts recorded in their credit records according to relevant regulations of the State and publicly disclosed." The Draft also provides undertakings with case examples and encourages them to refer to the administrative penalty decisions on illegal concentrations of undertakings released by the SAMR. Furthermore, the Draft emphasizes the importance of establishing anti-monopoly compliance management systems for concentrations of undertakings, especially for undertakings with an annual turnover exceeding CNY400 million within China. It also suggests that undertakings with an annual turnover exceeding CNY10 billion within China should establish anti-monopoly compliance systems for concentrations of undertakings.

(Source: State Administration for Market Regulation of China)