China Anti-monopoly Law Enforcement Review 2012 By Peng WU, Yi XUE 2012-06-05

The NDRC seems ready to take a stronger stance in its enforcement of price-related monopolistic conduct, particularly as demonstrated by NDRC’s unprecedented and uncompromising investigation against two major Chinese giant SOEs. Also, MOFCOM is becoming more and more sophisticated in reviewing merger cases as demonstrated in the four conditional approvals in 2011.The PRC antitrust legal regime is gradually maturing and PRC competition enforcement is entering a new stage. We are likely to see an increase in activities by the regulatory bodies in the implementation and enforcement of the AML and their respective rules in the near future. Active companies in China, particularly those with the leading market positions, must rise to more stringent compliance challenges and become well prepared for the potential scrutiny from the ‘young’ but ambitious PRC competition agencies.