An Overview of China's New Anti-Price Monopoly Rules and Procedures

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On Dec. 29, 2010, the National Development and Reform Commission (NDRC), one of the three authorities responsible for enforcing China’s Anti-Monopoly Law (“AML”), issued the Anti-Price Monopoly Regulations (“Price Rules”) and Regulations on Anti-Price Monopoly Administrative Enforcement Procedures (“Price Administrative Rules”). Both the Price Rules and the Price Administrative Rules took effect on Feb. 1, 2011.

Apart from the AML, the new Price Rules provide further guidance on price-related prohibitions. More specifically, the Price Rules set up several provisions to regulate monopolistic pricing activity such as price fixing agreements, the abuse of dominant market position, and the abuse of administrative power.

The Price Administrative Rules illuminate the competent authorities and the relevant procedures that apply to investigations and proceedings related to monopolistic pricing activity.

Please see full advisory below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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