The Anti-monopoly Commission of the State Council recently issued the Anti-monopoly Compliance Guide for Operators (the "Guide"), with effect from the date of issuance.

The Guide consists of 30 articles in six chapters, including compliance management system, key points of compliance risks, compliance risk management, and compliance management guarantees. In particular, the Guide stipulates that an operator may establish an anti-monopoly compliance management system based on such factors as its business conditions, scale and industry characteristics, or carry out special anti-monopoly compliance management work in the existing compliance management system. Senior officers of an operator are encouraged to make and fulfill clear and open anti-monopoly compliance commitments. Meanwhile, key points of compliance risks include the prohibition of reaching monopoly agreements, prohibition of abuse of a dominant market position, lawful implementation of concentration of operators, legal liability of operators, commitment system, and overseas risk warning. The Guide also clarifies that operators may adopt an appropriate form to clarify the internal reporting policy for anti-monopoly compliance, and undertake to keep the information of the whistle-blower confidential and not to take any unfavorable measures for employees' reporting.

(Source: State Administration for Market Regulation)