Competition Corner

China’s State Administration for Market Regulation (SAMR) recently revised its Provisions on Prohibiting Monopoly Agreements (禁止垄断协议规定) to specify when vertical agreements will be presumed legal under the Chinese Anti-Monopoly Law’s safe harbor provision (the Safe Harbor). This revision, which will take effect on February 1, 2026, provides specific Safe Harbor criteria that distinguish between agreements to fix resale prices or set minimum resale price (i.e., RPM agreements) and all other vertical agreements.

In a recent move with potential implications for foreign companies doing business with China-based individuals and entities, the Guangzhou Intellectual Property Court recently announced that it has accepted a case brought by a Chinese e-commerce company against Amazon Europe alleging a violation of China’s Anti-Monopoly Law.

On July 31, 2023, China’s antitrust law enforcement agency, the State Administration for Market Regulation (SAMR), summoned four hog-farming companies for a regulatory meeting, with concerns over a no-poach agreement among them.

China’s Anti-Monopoly Law (AML) was significantly amended in June 2022, with changes taking effect August 1, 2022.