China’s SAMR Unveils Expansive Antitrust Legislative Agenda Ahead of 2026

China’s SAMR Unveils Expansive Antitrust Legislative Agenda Ahead of 2026
Photo: SCMP 19.12.2025 2900

SAMR said that it is preparing a pipeline of new and revised measures, including updated rules on monopolistic agreements, new regulations targeting government restrictions on competition and expanded oversight of digital platforms.

China is accelerating a sweeping legislative agenda on antitrust enforcement, with its market regulator unveiling multiple new rules targeting platform monopolies and market barriers that shed light on Beijing's economic priorities heading into 2026.

The State Administration for Market Regulation, or SAMR, said Tuesday that it is preparing a pipeline of new and revised measures, including updated rules on monopolistic agreements, new regulations targeting government restrictions on competition and expanded oversight of digital platforms.

At the center of SAMR's legislative agenda are new platform-economy regulations that have been in development for months and are now nearing completion.

Addressing emerging risks such as algorithmic collusion, below-cost sales and forced exclusivity, the draft antitrust compliance guidelines for internet platforms completed their public comment period at the end of November. The guidebook outlines eight categories of risk for platform operators, including “choose one of two” exclusivity arrangements in which platforms require merchants to avoid rivals.

“Public consultation has ended, and we are fully absorbing opinions and suggestions from all parties and accelerating the process of formulation and release,” 

SAMR spokesperson Wang Qiuping said at the agency’s quarterly briefing.

Two additional digital-commerce measures — governing live e-commerce and online-trading platform rules — are also expected soon, aimed at creating an evidence-based supervisory framework for fast-growing online markets. 

Taken together, the package suggests Beijing sees platform governance as requiring not only antitrust rules but also broader oversight of e-commerce operations and livestreaming activity across China’s digital economy.

Antitrust rules overhauled

Beyond platform-specific measures, SAMR is reshaping China’s competition-law architecture.

The regulator is revising the Regulations Prohibiting Monopolistic Agreements, a draft of which was released in June for public review. More notably, the forthcoming regulation on prohibiting anticompetitive abuses of administrative power targets a persistent structural issue in which provincial and municipal authorities adopt policies that hinder a unified national market by protecting local companies.

SAMR also published new guidelines Tuesday on reviewing non-horizontal merger cases, adding technical depth to its enforcement toolkit and strengthening China’s ability to assess complex corporate transactions.

The legislative package aims to create a “fairer, more transparent and predictable” business environment, underscoring policymakers’ efforts to ease concerns about regulatory uncertainty and revive business confidence.

Strict yet balanced 

As it advances this legislative wave, SAMR is also refining its enforcement approach by expanding its “first violation non-penalty” and “minor violation exemption” lists. 

In January, the regulator introduced two sets of exemption rules waiving penalties for eight categories of first-time violations and four categories of minor offenses, such as minor licensing delays within one month or the presence of low-value expired or non-compliant food items that were listed but unsold. The forthcoming second batch will add three additional categories of first-time violations and four more categories of minor violations eligible for penalty exemptions.

The policy aims to balance flexibility for businesses with maintaining strict enforcement on serious violations. "Zero tolerance" remains for infractions involving food safety, public safety, intentional misconduct and repeat offenses, Wang stressed.

"Penalty exemption definitely does not equal exemption from responsibility," she said, describing the approach as "strict yet balanced enforcement, integrating law and reason."

Source: MLex

digital markets  China 

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