Comment Letter on Draft AUCL Revision

The US-China Business Council (USCBC) and its member companies appreciate the opportunity to participate in the consultation process for revisions to the Anti-Unfair Competition Law (AUCL), and to provide feedback in response to the request for comments issued by the State Council Legislative Affairs Office (SCLAO). This process reflects a continued positive effort to provide greater transparency in the formulation of policy and legislation.


USCBC has 200 member companies with significant investment and operations in China across all industry sectors, including global leaders in innovation that hold thousands of patents in manufacturing, information technology, pharmaceuticals, services, and other areas. Our companies support China’s right to regulate a fair and competitive market, as well as its goals of promoting innovation and competition, enhancing efficiency, and safeguarding consumer and public interests. Developing laws and regulations to support these goals is the foundation of a modern economy.


USCBC welcomes efforts to revise the AUCL and is pleased to provide constructive recommendations to support the continued improvement of China’s competition enforcement framework. USCBC appreciates that the draft revision seeks to create consistency with other measures such as the Anti-monopoly Law (AML), Advertising Law, and Trademark Law. It also seeks to clarify anti-competitive behaviors that will be regulated beyond what is included in other existing laws and regulations that govern market competition, and resolves many of USCBC’s concerns with language in the previous draft revision.


USCBC appreciates that this revised draft took into account many of our previous comments, and respectfully submits the following additional comments on the draft revision for clarification and appropriate changes prior to issuance of the final version.  


Read the full comments here.