China Seeks Public Comments on Revised Draft of Overseas Antitrust Compliance Guidelines
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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.
Source report
September 22 — China’s State Administration for Market Regulation (SAMR) today released a revised draft of the Guidelines for Enterprise Overseas Antitrust Compliance (Exposure Draft) for public consultation, aiming to further strengthen Chinese companies’ awareness of overseas antitrust compliance and help mitigate related legal risks.
The deadline for submitting feedback is September 29, 2026.
To assist enterprises in understanding the latest extraterritorial antitrust regulatory trends, the revised guidelines summarize and incorporate recent changes in antitrust legislation and enforcement. Key updates include:
- Embedding references to overseas antitrust enforcement agencies’ focus on the digital economy within dedicated chapters on monopoly agreements, abuse of market dominance, and concentration of undertakings.
- Clarifying the latest thresholds for merger control filings in major jurisdictions, including the European Union, United States, and Germany.
- Alerting enterprises to foreign investment security reviews and foreign subsidy review regimes.
In response to the rising trend of overseas antitrust litigation and investigations, the revised draft adds provisions on private civil lawsuits in major jurisdictions, in addition to existing content on administrative fines and criminal liability.
(Source: CCTV News)
Source
金十数据Eastern
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China revises overseas antitrust guidelines, adds digital economy and private litigation rules