On September 3, 2024, the State Administration for Market Regulation (SMAR) announced the full text and policy interpretation of the recently issued Key Measures for Market Regulatory Departments to Optimize the Business Environment (2024 Edition) ("Key Measures"). These consist of 40 measures for market regulatory departments to optimize the business environment.

Aiming to improve the institutional rules in the field of market supervision, these Key Measures introduce a function for the SAMR to promote the revision of the existing Anti-Unfair Competition Law. They strengthen the preventive protection mechanism for well-known corporate names. The measures also improve the corporate name ruling system, and scrutinize the legal system for trade name protection, promoting the introduction of supporting systems. These systems include fair competition review spot checks and reporting. The measures refine the work rules and enhance the specific anti-monopoly guidelines for the pharmaceutical field.

The Key Measures furthermore formulate and issue "Guidelines for the Review of Horizontal Operator Concentrations", formulate anti-monopoly review and declaration specifications for operator concentrations. They additionally optimize the review concepts for simple operator concentration cases and provide for "Guidelines for the Review of Non-Horizontal Operator Concentrations" and "Guidelines for the Law Enforcement of Abuse of Administrative Power to Eliminate and Restrict Competition".

In addition, these measures also acknowledge that it is necessary to: (1) severely punish acts that disrupt market order, such as counterfeiting and selling counterfeit goods, infringement, and disruption of fair competition, in accordance with the law, (2) enhance the protection of intellectual property rights, and (3) carry out special intellectual property law enforcement campaigns. The Key Measures propose to increase institutional opening- up in the field of competition, actively participating in global competition governance, while continuing to promote international exchanges and cooperation on anti-monopoly.

The measures highlight the significance of fair competition in promoting efficient connectivity between domestic and international markets. All in all, they serve to enhance the linkage effect of the two markets and continue to promote the guidance of enterprises' overseas anti-monopoly response work.

Source:
https://www.gov.cn/zhengce/202409/content_6972313.htm (Chinese)