Guideline to help businesses with antitrust compliance overseas

China's top market regulator released a guideline Thursday for business operators on overseas antitrust compliance, as rising Chinese companies expand their overseas presence and face compliance risks.

According to the State Administration for Market Regulation, the guideline sets up an institutional framework for companies to establish overseas antitrust compliance systems. It also highlights different determination of monopolistic behaviors and anti-monopoly investigations, and related responses in multiple jurisdictions in key foreign countries.

The guideline is aimed at helping enterprises establish and strengthen overseas anti-monopoly compliance management systems to prevent risks. At the same time, it is also conducive to enterprises to better understand international rules, safeguard their own legitimate rights and interests, and further enhance their international competitiveness, SAMR said.

The move also came after the country officially launched the anti-monopoly bureau on Thursday, which is located in the same building as SAMR in Beijing. Gan Lin, currently deputy minister of SAMR, was appointed to head the bureau.

"The new change reflects that the country is enriching in-house capabilities for greater enforcement and autonomy regarding antitrust matters, in order to catch up with strengthening domestic antitrust efforts," said Zhong Gang, executive director of the Competition Law Research Institute at the East China University of Political Science and Law in Shanghai.

"It is also in line with the country's recent efforts in pushing forward related legislation, such as amendments to its Anti-monopoly Law, and law enforcement to boost supervision over antitrust issues. It again demonstrates the country's firm determination to provide a fair market for all entities," Zhong said.