China Publishes Anti-Monopoly Guidelines on Leniency and Commitments
The Anti-Monopoly Bureau of China's State Administration for Market Regulation ("SAMR") released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on Undertakings' Commitments in Anti-Monopoly Cases.
The Leniency Guidelines provide more clarity about the criteria that SAMR uses to rank leniency applicants and assess penalties in cartel cases. These guidelines are important because complaints and leniency applications have driven much of SAMR's enforcement related to antitrust conduct violations over the last decade.
The Commitment Guidelines provide details regarding SAMR's procedure for suspending and eventually closing an investigation without a finding of violation if the investigated company offers remedial measures to correct its behavior before SAMR gathers sufficient evidence of a violation. Both sets of guidelines provide more transparency and should help companies and legal professionals navigate SAMR's process for conducting investigations.
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