In many respects, 2011 can be considered the most significant year to date in the development of China’s antitrust enforcement regime since the Anti-Monopoly Law (“AML”) came into force in 2008. Some key implementing rules were adopted this year that shed further light on how the AML will be administered. Merger control continued to be a central focus, with high-profile decisions which demonstrated that China’s merger control law can significantly affect global transactions. In addition, enforcement actions in other areas showed that Chinese antitrust authorities are committed to curtailing anticompetitive market behavior.
This memorandum reviews these important developments. While we emphasize merger control developments in 2011, we also summarize developments in regulating anticompetitive agreements and abuses of dominance as a reminder of their potential implications for those doing business in China.