SAIC Solicits Public Comments on Three Draft Anti-Monopoly Regulations

On May 25, 2010, the Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau (CEB) of the State Administration for Industry and Commerce of the PRC (SAIC) published three draft anti-monopoly regulations for public comments: "Provisions of the Administration for Industry and Commerce on Prohibiting Monopolistic Agreements" (Monopolistic Agreement Provisions),"Provisions of the Administration for Industry and Commerce on Prohibiting the Abuse of Dominant Market Positions" (Abuse of Market Dominance Provisions) and "Provisions of the Administration for Industry and Commerce on Curbing Abusive Acts of Administrative Powers to Eliminate or Restrict Competition" (Abuse of Administrative Powers Provisions).

Earlier versions of two of these regulations - the Monopolistic Agreement Provisions and the Abuse of Market Dominance Provisions (Old Monopolistic Agreement Provisions and Old Abuse of Market Dominance Provisions) – previously were published by CEB for comments on April 27, 2009. The draft Abuse of Administrative Powers Provisions have just been released for comments for the first time.

While these three regulations are not the first SAIC regulations implementing the PRC Anti-Monopoly Law (AML), they are the first three sets of substantive regulations from SAIC intended to facilitate enforcement of the AML. CEB will accept public comments on these drafts until June 7, 2010. We will officially submit our comments on the draft regulations to CEB before the deadline. In this edition of China Antitrust Update, we brief you on the highlights of the three draft regulations and share with you our observations on them. English translations of the full texts of these three draft regulations are attached for your reference.

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