Review №29 of Chinese Antitrust News from the Experts of the BRICS Competition Centre
- Individual Liability for Anti-Competitive Agreements (Draft)
- China’s Ministry of Justice Comments on the Investigation into JD.com in the EU
- DiDi Sends Rescue Team to Flood-Hit Nepal
- Malicious Competition in the Innovative Vehicle Market
- 3rd Lecture on Antitrust Compliance
Individual Liability for Anti-Competitive Agreements (Draft)
SAMR has published draft Guidelines on holding individuals liable for anti-competitive agreements for public consultation. The consultation period will run until September 10. Based on the document, the authority will be able to impose administrative sanctions on the actual initiators, implementers, and ultimate beneficiaries of anti-competitive agreements.
The draft provides that legal representatives, key responsible persons, and decision-makers who initiate, approve, or encourage the conclusion of such agreements will bear personal liability. The antitrust authority may impose fines of up to RMB 1 million on such individuals. Penalties will be particularly severe where an agreement affects key areas such as socially significant markets, environmental protection, workplace safety, financial capital, and data security, or causes harm to national interests.
Inciting, coercing, or inducing others to enter into anti-competitive agreements, or preventing others from terminating their participation in such agreements, will constitute an aggravating circumstance, while active cooperation with an investigation may result in a reduction of the penalty. The draft emphasizes that individuals will not be exempt from liability due to dismissal or other similar circumstances.
Source: SAMR
China’s Ministry of Justice Comments on the Investigation into JD.com in the EU
China’s Ministry of Justice stated that the EU recently launched an investigation into JD.com under the Foreign Subsidies Regulation. As part of the investigation, the European Commission is arbitrarily requesting an unreasonably broad range of information held by the Chinese company in China. This is regarded as an improper demand and a serious violation of the international rule of law.
To safeguard national sovereignty, security, and development interests, the Ministry of Justice characterizes such actions as improper exercises of extraterritorial jurisdiction and requires that no organization or individual undertake or assist in implementing such measures.
“We hope that the EU will immediately correct its erroneous practices, stop abusing the foreign subsidies investigation instrument, and create a fair, equitable, and predictable market environment for companies investing and operating in the EU. If the EU persists in its unilateral actions, China will respond firmly in accordance with the law,” representatives of the ministry said.
Source: WeChat
DiDi Sends Rescue Team to Flood-Hit Nepal
At approximately 10:30 a.m. on August 26, 2026, a glacier collapse occurred near the border between Nepal and China, resulting in significant casualties and people reported missing.
Following the disaster, DiDi promptly mobilized its disaster relief fund to provide emergency food supplies and essential goods. At the same time, the company launched a financial support channel for partners traveling to the affected area to carry out volunteer relief work. On the afternoon of August 26, members of the DiDi team, together with a rescue team from the Chinese Red Cross, began relief operations to assist those affected by the disaster.
Source: WeChat
Malicious Competition in the Innovative Vehicle Market
Xin Guobin, Vice Minister of Industry and Information Technology, commented on the development of the new energy vehicle industry. While recognizing the industry’s achievements, he emphasized the need to take a sober view of a number of existing problems and challenges.
For example, “involutionary” competition remains a pressing issue; some disruptive innovations are being put into operation without sufficient experimental testing, and incidents related to the safety of autonomous driving occur relatively frequently.
“I believe these problems cannot be ignored or avoided; they are key issues that we must address with greater intensity during the 15th Five-Year Plan period,” Xin Guobin said.
He noted that the Ministry of Industry and Information Technology has developed the 15th Five-Year Plan for the development of the intelligent electric vehicle industry, with the aim of ensuring the industry’s continued high-quality development through a combination of policy guidance, interdepartmental cooperation, and policy support.
Source: WeChat
3rd Lecture on Antitrust Compliance
On August 20, SAMR held its third antitrust compliance lecture of the year. The topic was an interpretation of the Antitrust Compliance Guidelines for Internet Platforms adopted earlier this year.
The lecture provided explanations of the methodology for identifying anti-competitive conduct in the platform economy, with a focus on emerging types of antitrust risks, such as algorithmic collusion, blocking, and others.
During the lecture, platform operators were reminded of the need to take seriously their responsibilities as responsible participants in the internet market and to improve their compliance management systems.
Source: WeChat
