Lawyer Gao Liang was interviewed on "the significant impact of the new anti monopoly law on corporate compliance"

2022 08/23

Recently,Gao Liang,a lawyer from Gaopeng Law Firm,accepted an English interview with"International Financial Law Review"(IFLR).In this interview,Gao mainly discussed the significant impact of the new antitrust law after its entry into force on corporate compliance issues.

When asked about the biggest changes brought about by this amendment to the Anti monopoly Law,Lawyer Gao pointed out that the amount of fines for"preemptive"cases involving concentration of business operators is 10 times higher than in the past,and may even reach 10%of the group's turnover in the previous year.The increase in the amount of fines will definitely have a significant impact on the compliance of enterprises.In addition,the new antimonopoly law has also introduced the issue of criminal responsibility,but the specific details of criminal responsibility have not been clearly stated in the legal provisions,and further observation is needed.

In response to the introduction of the"stop watch mechanism"in the new anti monopoly law,Lawyer Gao pointed out that when reviewing declared cases,it is often difficult for the anti monopoly bureau to complete the review work within the statutory 180 days,and the introduction of the"stop watch mechanism"will bring greater flexibility to the anti monopoly bureau's case review,thereby avoiding the embarrassing situation of frequently withdrawing and then re filing in complex case reviews.Another positive change in the new anti monopoly law is the introduction of a"safe harbor"system for vertical agreements.Lawyer Gao pointed out that compared to horizontal agreements,vertical agreements usually do not generate significant competitive concerns.Therefore,in practice,vertical agreements should give greater operational space.

For a complete version of the interview,please visit the official IFLR website:https://www.iflr.com/article/2agt6cqv6o1xjr4rq8x6o/primer-chinas-anti-monopoly-law-amendment。


(This article is translated by software translator for reference only.)

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