The National Development and Reform Commission (NDRC) on 17 June 2016 published the Draft Guidelines on the Determination of Illegal Gains and Fines in Relation to Business Operators’ Monopolistic Conduct for public consultation. These are one of the six antitrust guidelines that the NDRC took the lead to draft under the instruction of the Anti-Monopoly Committee (AMC).
The draft guidelines aim to: (1) align the different approaches adopted by the State Administration for Industry and Commerce (SAIC) and the NDRC, as well as their local branches; and (2) set out clear and transparent approaches on determining penalties (i.e., illegal gains and fines) in antitrust cases.
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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Danian Zhang (Shanghai) at danian.zhang@bakermckenzie.com
