China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Amends Rules on Prohibiting Monopoly Agreements

Mon, 22 May 2023
Categories: China Legal Trends

On 10 Mar. 2023, China’s State Administration for Market Regulation (SAMR) issued the amended Provisions on Prohibiting Monopoly Agreements (hereinafter the “Provisions”, 禁止垄断协议规定).

This amendment comes only one year after China amended the Provisions in March 2022.

According to the Provisions, “monopoly agreement” means an agreement, a decision, or any other act in concert to exclude or restrict competition.

The amendment mainly regulates the monopoly of Internet platforms. Among others, the following new elements are noteworthy.

  • Competitive operators shall not use data, algorithms, technologies, platform rules, etc., to communicate with each other, exchange sensitive information, and coordinate behaviors, since it constitutes a monopoly agreement.
  • Operators shall not use data, algorithms, technologies, platform rules, etc., to unify, restrict, or automatically set commodity prices, since it also constitutes a monopoly agreement.
  • Operators who proactively report to anti-monopoly law enforcement institutions about the monopoly agreement and offer important evidence may apply for mitigation of or exemption from punishment according to the law.

 

 

Cover Photo by Lin Lone on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

Beijing Passes Autonomous Vehicle Regulation

In December 2024, Beijing passed the "Beijing Autonomous Vehicle Regulation," effective April 1, 2025, to promote development and safety, allowing self-driving cars in taxis, buses, and more after rigorous testing.

SPC Revises Rules on Mainland China - Taiwan Judgment Recognition

China’s Supreme People’s Court (SPC) has amended regulations on the mutual recognition and enforcement of civil judgments between Mainland China and Taiwan, clarifying application procedures, exceptions, and jurisdictional conflicts, effective January 1, 2025.

China Establishes Shanghai International Commercial Court

The Shanghai International Commercial Court was established in December 2024 as a division of the Shanghai First Intermediate People’s Court, with exclusive jurisdiction over foreign-related commercial cases and arbitration judicial review, along with newly released jurisdictional regulations and model clauses.

SPC Issues Guiding Cases on Gig Worker Protection

In December 2024, China’s Supreme People’s Court issued its first guiding cases on gig worker labor disputes, clarifying criteria for determining employment relationships with platform companies.

China Amends Supervision Law to Strengthen Oversight

The newly amended Supervision Law of the People’s Republic of China, effective June 1, 2025, strengthens oversight, limits supervisory powers, and enhances protections for citizens' rights through standardized enforcement.