China: Adopted Provisions on the Prohibition of Monopoly Agreements

On 10 March 2023, China's State Administration for Market Regulation (SAMR) adopted the Provisions on the Prohibition of Monopoly Agreements, as one of four regulations supporting and implementing the recently amended Anti-Monopoly Law. The Regulations include a definition of monopoly agreements, regulations for the investigative, and a list of prohibited acts. Notably, these Regulations apply both to monopoly agreements and to de facto coordinated acts in absence of explicit agreement, including prohibitions of monopoly agreements related to fixing prices, limiting production output, division of sales or procurement of goods including data, technology and services, restriction of purchase or usage of new technologies, and boycotts. Businesses are forbidden from using tools such as algorithms, platform rules, or other technologies to achieve monopoly agreements. The Regulations will be implemented on 15 April 2023.