China revises overseas antitrust guidelines, adds digital economy and private litigation rules
China's State Administration for Market Regulation (SAMR) released a revised draft of the Guidelines for Enterprise Overseas Antitrust Compliance for public comment on September 22, with feedback due by September 29, 2026. The first systematic revision of the 2021 guidelines expands from 27 to 33 articles plus six appendices. Key updates include incorporating digital economy regulatory focus from the EU, US, and Germany, updating merger filing thresholds, adding provisions on private civil lawsuits, and including 15 recent global antitrust cases as examples.
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China Revises Overseas Antitrust Compliance Guide, Adds Digital Economy and Private Litigation Rules
China's State Administration for Market Regulation (SAMR) released a revised draft of the 'Guidelines for Enterprise Overseas Antitrust Compliance' for public comment on September 22, with feedback due by September 29, 2026. This is the first systematic revision of the 2021 guidelines, expanding from 27 articles to 33 articles plus 6 appendices. The revision addresses three new developments: first, increased overseas antitrust enforcement focus on the digital economy, embedding regulatory points from jurisdictions like the EU, US, and Germany, and updating merger filing thresholds while flagging foreign investment and subsidy reviews. Second, it adds provisions on private civil litigation in major jurisdictions, filling a previous gap, to address rising overseas antitrust lawsuits and investigations. Third, it replaces vague references with specific listings of representative jurisdictions to help companies navigate different rules. The draft also adds a new chapter on service guarantees and compliance resources, 15 recent global antitrust cases, and six practical appendices including risk checklists and raid response procedures.
Read sourceChina seeks public comment on revised overseas antitrust compliance guidelines
On September 22, China's State Administration for Market Regulation (SAMR) released a revised draft of the 'Guidelines for Enterprise Overseas Antitrust Compliance' for public comment, aiming to help Chinese companies enhance their awareness of overseas antitrust compliance and mitigate related legal risks. The public comment period ends on September 29, 2026. The revision incorporates the latest antitrust legislative and enforcement developments, including a focus on the digital economy by overseas antitrust enforcement agencies in chapters on monopoly agreements, abuse of market dominance, and concentration of operators. It clarifies the latest merger filing thresholds in jurisdictions such as the EU, the US, and Germany, and alerts companies to foreign investment security reviews and foreign subsidy review regimes. In response to the rising trend of overseas antitrust litigation and investigations, the draft adds provisions on private civil lawsuits in major jurisdictions, in addition to administrative fines and criminal liability.
Read sourceChina seeks public feedback on revised overseas antitrust compliance guidelines for enterprises
China's State Administration for Market Regulation (SAMR) on September 22 released a draft revision of the 'Guidelines for Overseas Antitrust Compliance for Enterprises' for public comment, according to CCTV News. The revision aims to help Chinese companies enhance their awareness of overseas antitrust compliance and mitigate related legal risks. Key updates include incorporating the latest regulatory trends, such as antitrust enforcers' focus on the digital economy in jurisdictions like the EU, US, and Germany, and updating merger filing thresholds. The draft also adds detailed provisions on private civil lawsuits, foreign investment security reviews, and foreign subsidy reviews. It introduces a new chapter on service guarantees and compliance resource access, including professional services, government support, and complaint channels. To improve practical guidance, 15 recent global antitrust cases are added as examples, along with six appendices featuring risk checklists, compliance management templates, and procedural flowcharts. The public comment period ends on September 29, 2026.
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China seeks public feedback on revised overseas antitrust compliance guidelines for firms
On September 22, China's State Administration for Market Regulation (SAMR) released a draft revision of the 'Guidelines for Enterprise Overseas Antitrust Compliance' for public comment, aiming to help Chinese companies enhance their awareness of overseas antitrust compliance and prevent related legal risks. The feedback deadline is September 29, 2026. Key revisions include: (1) incorporating latest regulatory trends, such as antitrust enforcers' focus on the digital economy in jurisdictions like the EU, US, and Germany, and updating merger filing thresholds; (2) detailing rules for specific jurisdictions with active antitrust enforcement and high Chinese investment; (3) adding a new chapter on service guarantees and compliance resource access, including channels for relief and complaints; (4) including 15 recent global antitrust cases as examples to illustrate legal provisions; and (5) adding six appendices, such as a risk self-check list, compliance management guidelines, and procedures for responding to dawn raids and antitrust litigation, to serve as a practical toolkit for enterprises.
China Seeks Public Opinion on Revised Draft for Overseas Antitrust Compliance Guidelines
On September 22, China's State Administration for Market Regulation (SAMR) released a revised draft of the 'Guidelines for Enterprise Overseas Antitrust Compliance' for public comment, aiming to enhance Chinese companies' awareness of overseas antitrust compliance and prevent related legal risks. The feedback deadline is September 29, 2026. The revision incorporates the latest extraterritorial antitrust regulatory trends, including new sections on digital economy concerns from overseas enforcement agencies regarding monopoly agreements, abuse of market dominance, and mergers. It updates merger filing thresholds in jurisdictions such as the EU, US, and Germany, and alerts companies to foreign investment security reviews and foreign subsidy review regimes. In response to rising overseas antitrust litigation and investigations, the draft adds provisions on private civil lawsuits in major jurisdictions, in addition to administrative fines and criminal liability. The report is attributed to CCTV News via Jin10 Data.