China Releases Revised Draft of Overseas Antitrust Compliance Guidelines, Adding Digital Economy Rules and Case Studies
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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.
Source report
Beijing, September 22 — The State Administration for Market Regulation (SAMR) today released the Draft Revision of the Enterprise Overseas Antitrust Compliance Guidelines (Exposure Draft) for public comment. The revision aims to further guide Chinese enterprises in strengthening their awareness of overseas antitrust compliance and mitigating related legal risks. The deadline for submitting feedback is September 29, 2026.
The key revisions include the following:
(I) Reflecting the Latest Regulatory Trends and Developments
To help enterprises stay informed of the latest overseas antitrust regulatory trends, this revision summarizes and incorporates recent changes in antitrust legislation and enforcement. Key updates include:
- Embedding the focus of overseas antitrust enforcement agencies on the digital economy in chapters covering monopoly agreements, abuse of market dominance, and concentration of undertakings.
- Clarifying the latest thresholds for merger control filings in jurisdictions such as the European Union, the 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, adding provisions on private civil lawsuits in major jurisdictions, in addition to administrative fines and criminal liability.
(II) Further Detailing Provisions for Relevant Jurisdictions
To help enterprises understand regulatory requirements, legal liabilities, and enforcement priorities across different jurisdictions, this revision selects representative jurisdictions that are active in antitrust enforcement, have high volumes of Chinese enterprise investment and mergers, or feature unique antitrust legal frameworks. The revision replaces the generic phrase "some jurisdictions..." in the current guidelines with enumerated specifics, enabling enterprises to conduct effective risk identification when engaging in investment, mergers, or business operations in those jurisdictions.
(III) Improving Channels for Rights Protection, Remedies, and Compliance Consulting
To help enterprises effectively access remedies and compliance support, this revision adds a new chapter titled "Service Guarantees and Access to Compliance Resources." This chapter covers:
- Professional service resources
- Support from social organizations
- Government service guarantees
- Channels for obtaining compliance information
- Development of a compliance resource database
It also specifies the methods and channels through which enterprises can seek remedies and report issues.
(IV) Adding Typical Cases to Strengthen Case-Based Guidance
To enhance the instructive and deterrent effect of antitrust enforcement practices, this revision adds 15 typical cases from recent global antitrust litigation and investigations. Each case includes:
- Background details
- Penalty outcomes
- Compliance insights
These cases translate complex legal provisions into practical guidance, helping enterprises better understand legal requirements, review their own business conduct, and avoid antitrust risks.
(V) Adding Risk Identification Checklists and Other Appendices
To further enhance the operability of the guidelines, this revision incorporates six appendices based on legal provisions and practical experience:
- Self-inspection checklist for overseas antitrust risks
- Key points for building a compliance management system
- Response procedures for dawn raids
- Response procedures for antitrust litigation
- Procedures for merger filing and review
- Thresholds and characteristics of merger control in selected jurisdictions
These appendices serve as a ready-to-use toolkit, helping enterprises effectively implement compliance requirements and respond to challenges.
(Source: CCTV News)
Source
财联社Eastern
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China revises overseas antitrust guidelines, adds digital economy and private litigation rules