The State Administration for Market Regulation ("SAMR") recently drafted and issued the Antitrust Compliance Guide for Undertakings (Draft for Comments) (the "Draft for Comments") to seek public comments. Comments solicitation has ended by now.

The Draft for Comments expressly states that compliance risks mainly focus on issues in eight aspects, including "prohibition of reaching a monopoly agreement", "prohibition of abusing a dominant market position" and "law-based concentration of undertakings". Among others, the Draft for Comments stipulates that an undertaking shall not reach an agreement, a decision or engage in a concerted practice aimed at excluding or restricting competition with another undertaking or organize other undertakings to do so. As to whether certain behavior constitutes the concerted practice of other types, undertakings may refer to the Interim Provisions on the Prohibition of Monopoly Agreements. Undertakings shall neither accede to nor support the monopoly agreement reached under the industry association's leadership. Meanwhile, the Draft for Comments states that an undertaking with a dominant market position shall not commit acts of abuse of market dominance as prohibited under the relevant provisions of the Antitrust Law. Relevant factors mentioned in the Interim Provisions on Prohibiting Acts of Abuse of a Dominant Market Position may be referenced to evaluate and determine whether an undertaking has a dominant market position.

(Source: State Administration for Market Regulation)