USCBC Comments on the Draft Revision of the Anti-Monopoly Law

On behalf of the more than 220 members of the US-China Business Council (USCBC), we appreciate the opportunity to submit comments on the draft revision of the Anti-Monopoly Law of the People’s Republic of China (hereby referred to as “the Draft”) to the State Administration for Market Regulation (SAMR).

We support that the draft strengthens the foundational role of competition policy and incorporates the fair competition review system into the framework of the Anti-Monopoly Law (AML). Both elements will help China transition to a market-based economy by ensuring fair competition and by limiting government restrictions on market competition.

However, we believe that the draft includes several elements that might contradict the intention behind the positive revisions in the draft. The draft strengthens the sanctions on anti-trust behaviors as well as failure to report the transactions covered under the merger control rules. While we understand that the intention behind these changes is to impose higher compliance requirements to combat monopolistic behaviors, these revisions to the merger control regime could potentially undermine the legal certainty and predictability that the business community needs given the  greater challenges companies are likely to face in trying to meet these higher compliance requirements.

USCBC respectfully submits the following article-specific recommendations. We are pleased to further discuss our views with SAMR.

Read our full comments: