China: Opened consultation on anti-monopoly law including rules for digital sphere

On 19 October 2021, the draft amendment to the anti-monopoly law is introduced to the National People's Congress and was opened for consultation on the same day. The consultation will run until 21 November 2021. In particular, the amendment establishes that firms shall not limit competition by abusing platform rules, data, algorithms and technology in general, among others. The amendment extends the scope of the anti-monopoly law to companies facilitating the creation of cartels. The amendment also raises the fine amount a company can be sanctioned with for significant anti-competitive acts. Individuals can also be penalized with a fine of up to RMB 1 million if they are individually responsible for an anticompetitive agreement. Notably, the State Administration for Market Regulation (SAMR) can multiply the amount of any fine with a factor between 2 and 5 for extreme violations with a great impact and especially serious consequences. Finally, public prosecutors can bring civil public lawsuits up against conduct that violated social and public interests. Specifically, the anti-monopoly law is intended to encourage innovation.