[co-author: Ken Dai]
Developments Highlights
This monthly report outlines key developments in China’s antitrust sector for January. The following events merit special attention:
- SAMR Publicly Releases Third Batch of Typical Administrative Monopoly Cases: On 23 December 2025, SAMR released the third batch of cases from the special campaigns rectifying the abuse of administrative power to eliminate or restrict competition. This special campaign addressed 10 administrative monopoly cases, involving the abuse of both horizontal and vertical administrative power by bodies including People’s Governments (4 cases), Urban-Rural Construction Bureaus (3 cases), Development and Reform Commissions, Natural Resources Bureaus, and Comprehensive Law Enforcement Centers (1 case each). It dismantled local protectionism in sectors such as distributed photovoltaic power and building materials.
- SAMR Amends the Provisions on Prohibiting Monopoly Agreements: On 19 December, SAMR issued the decision to amend the Provisions on Prohibiting Monopoly Agreements. This amendment comprehensively elaborates on the “safe harbour” regime introduced during the 2022 revision of the Anti-Monopoly Law, clarifying its applicable standards and scope. The promulgation of these revised provisions signifies that, three years after the revision of the Anti-Monopoly Law, the “safe harbour” regime is finally set to be implemented.
- SAMR Issues Guidelines for the Review of Non-horizontal Concentration of Undertakings: On 15 December, SAMR officially issued the full text of the Guidelines for the Review of Non-horizontal Concentration of Undertakings. Combining statutory provisions with case illustrations, the Guidelines consist of 9 chapters and 82 articles, with 34 interspersed cases to explain key concepts and provisions. As a pivotal upgrade of China’s anti-monopoly law enforcement from “horizontal regulation” to “full-chain regulation”, the Guidelines not only provide a clear benchmark for law enforcement authorities but also delineate compliance boundaries for corporate mergers and acquisitions, thus marking a milestone in fostering a high-standard market environment of fair competition.
Legislation
SAMR Amends the Provisions on Prohibiting the Abuse of Administrative Power to Eliminate or Restrict Competition
On 26 December 2025, the State Administration for Market Regulation (“SAMR”) released the newly revised Provisions on Prohibiting the Abuse of Administrative Power to Eliminate or Restrict Competition. The revisions focus on: strengthening accountability and procedural coordination, enhancing alignment with the fair competition review system, limiting the conditions for concluding cases through rectification, and comprehensively utilizing diverse enforcement measures to improve enforcement effectiveness. The Provisions will take effect on 1 February 2026.
SAMR and Two Other Ministries Issue Rules on Price Conduct for Internet Platforms
On 20 December, SAMR, the National Development and Reform Commission (“NDRC”), and the Cyberspace Administration of China (“CAC”) jointly issued the Rules on Price Conduct for Internet Platforms. The rules clarify the boundaries of price conduct for both platform operators and businesses operating within platforms, marking the entry of platform economy price regulation into a refined and normalized phase. These rules will officially come into effect on 10 April 2026.
SAMR Amends the Provisions on Prohibiting Monopoly Agreements
On 19 December, SAMR issued the decision to amend the Provisions on Prohibiting Monopoly Agreements. This amendment comprehensively elaborates on the “safe harbour” regime introduced during the 2022 revision of the Anti-Monopoly Law, clarifying its applicable standards and scope. The promulgation of these revised provisions signifies that, three years after the revision of the Anti-Monopoly Law, the “safe harbour” regime is finally set to be implemented.
SAMR Issues Guidelines for the Review of Non-horizontal Concentration of Undertakings
On 15 December, SAMR officially issued the full text of the Guidelines for the Review of Non-horizontal Concentration of Undertakings. Combining statutory provisions with case illustrations, the Guidelines consist of 9 chapters and 82 articles, with 34 interspersed cases to explain key concepts and provisions. As a pivotal upgrade of China’s anti-monopoly law enforcement from “horizontal regulation” to “full-chain regulation”, the Guidelines not only provide a clear benchmark for law enforcement authorities but also delineate compliance boundaries for corporate mergers and acquisitions, thus marking a milestone in fostering a high-standard market environment of fair competition.
SAMR Issues Automotive Industry Price Conduct Compliance Guidelines (Draft for Comments)
On 12 December, the SAMR released the Automotive Industry Price Conduct Compliance Guidelines (Draft for Comments). The draft aims to further standardize pricing conduct within the automotive sector, uphold price order and fair competition in the vehicle market, safeguard the legitimate rights and interests of consumers and businesses, and guide automotive manufacturers and sales enterprises in strengthening their price compliance frameworks. The draft for comments stipulates a series of provisions regarding price conduct for vehicle manufacturers, vehicle sales enterprises, and other relevant actors.
Public Enforcement
SAMR Releases Third Batch of Typical Administrative Monopoly Cases
On 23 December 2025, SAMR released the third batch of cases from the special campaign rectifying the abuse of administrative power to eliminate or restrict competition. This special campaign addressed 10 administrative monopoly cases, involving the abuse of both horizontal and vertical administrative power by bodies including People’s Governments (4 cases), Urban-Rural Construction Bureaus (3 cases), Development and Reform Commissions, Natural Resources Bureaus, and Comprehensive Law Enforcement Centers (1 case each). It dismantled local protectionism in sectors such as distributed photovoltaic power and building materials.
SAMR Imposes Total Fines of RMB 1.7 Million on Two Zhejiang State-owned Enterprises
On 23 December, SAMR, in accordance with the law, issued an administrative penalty decision regarding the illegal implementation of a concentration without notification by Zhejiang Talent Development Group Co., Ltd. (Zhejiang Talent) and Zhejiang Public Information Industry Co., Ltd. (Zhejiang Public) through the establishment of a joint venture. The investigation revealed that the transaction constituted an illegal implementation of a concentration without notification in accordance with the law. Consequently, SAMR imposed administrative penalties on Zhejiang Talent and Zhejiang Public, levying fines of RMB 800,000 and RMB 900,000 respectively.
Authorities
SAMR Conducts Compliance Guidance to Regulate Price Competition Order in the Photovoltaic Industry
On 26 December 2025, SAMR issued compliance guidance on price competition order for the photovoltaic industry in Hefei, Anhui Province. SAMR briefed on prevalent pricing violations and risks within the sector and pointed out that current “Neijuan” competitive behaviors in the photovoltaic industry, such as low-quality competition and homogeneous repetitive construction, have put many enterprises under profitability pressure. These behaviors distort market resource allocation, undermine enterprises’ willingness to invest in technological innovation and product upgrades, and create a “bad money drives out good” effect.
SAMR Conducts Special Anti-Monopoly Enforcement Campaigns in Livelihood Sectors for Three Consecutive Years
On 10 December, SAMR released a poster detailing its three-year special antitrust enforcement campaigns in livelihood sectors. As indicated in the poster, since 2023, SAMR has organized system-wide special antitrust enforcement campaigns in livelihood sectors for three consecutive years. These campaigns have resulted in the investigation and handling of 60 monopoly cases in accordance with the law, with total penalties and confiscations amounting to RMB 2.9 billion, effectively safeguarding the market order of fair competition.
SAMR and SASAC Jointly Host Antitrust Compliance Lecture for Central Enterprises
On 10 December, SAMR, in conjunction with the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), hosted the 12th Antitrust Compliance Lecture of 2025 in Beijing, themed “Strengthening Antitrust Compliance to Serve High-Quality Development.” The lecture was closely tailored to the operational characteristics of central enterprises. By analyzing typical cases, it provided an in-depth interpretation of antitrust legal and regulatory frameworks, addressed the demands of central enterprises in establishing and improving their antitrust compliance management systems, and guided them to further enhance antitrust compliance efforts, thereby upholding fair competition in the market order.
Merger Control
SAMR Releases Three Typical Cases of Antitrust Review of Concentrations of Undertakings
On 4 December 2025, in order to fully leverage the demonstrative and guiding role of typical cases and assist business entities in achieving compliance, SAMR selected and published three non-simplified cases that were unconditionally approved. The published typical cases involve a horizontal concentration in the industrial gases sector and a vertical concentration in the pharmaceutical retail sector, among others.
