On 18 Nov. 2021, the State Administration for Market Regulation (SAMR) issued the “Guidelines for Enterprises on Overseas Anti-Monopoly Compliance” (hereinafter “the Guidelines”, 企业境外反垄断合规指引).

The Guidelines applies to Chinese enterprises engaged in overseas business operations as well as those engaged in business operations within China but may have an impact on the overseas market, including enterprises engaged in import and export trade, overseas investment, mergers, transfer or acquisition and licensing of intellectual property, bidding as well as other activities relating to overseas business.

The Guidelines mainly explains the overseas anti-monopoly compliance management system, aiming to help Chinese enterprises to cooperate with anti-monopoly investigation overseas, respond to overseas anti-monopoly lawsuits, and reduce overseas anti-monopoly compliance risks.