[co-author: Ken Dai]
Developments Highlights
This monthly report outlines key developments in China’s antitrust sector for May. The following events merit special attention:
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SAMR: Parties to CK Port Transaction Must Not Evade Antitrust Review in Any Manner: On April 27, 2025, SAMR announced that it will review the CK Hutchison port transaction in accordance with the law, and the transaction must not proceed until approval is granted, or legal consequences will follow.
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SAMR Launches Antitrust Investigation into DuPont China Group Co., Ltd.: On April 4, SAMR announced that it has lawfully launched an investigation into DuPont China Group Co., Ltd. for allegedly violating the Anti-Monopoly Law of the People’s Republic of China.
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SAMR: 177 Cases of Concentration of Undertakings Concluded in First Quarter, 174 Cases Unconditionally Approved: On April 16, SAMR released data showing that a total of 177 merger control cases were concluded in the first quarter of 2025, among which 174 cases were unconditionally approved and 3 cases were withdrawn by the applicants after acceptance.
Authorities
Three Departments Jointly launch Action to Clear and Rectify Market Access Barriers
On April 29, 2025, the National Development and Reform Commission (“NDRC”), in conjunction with the Ministry of Commerce and SAMR, issued a notice to further vigorously break down market access barriers and comprehensively clean up and rectify all kinds of unreasonable regulations and practices that illegally set up market access barriers. The campaign focuses on regulatory documents established and implemented in the form of local regulations, rules, administrative normative documents, and other policy documents that violate the requirements of the market access system, as well as various practices of governments at all levels illegally setting up market access barriers.1
SAMR Holds Symposium on Fair Competition to Address Irregular Charges on Businesses
On April 17, SAMR held a symposium on fair competition with the theme “Rectifying Irregular Charges Involving Enterprises and Enhancing Business Vitality.” During the meeting, SAMR engaged in discussions with representatives from seven companies and pledged to advance a comprehensive campaign to regulate fees involving enterprises and crack down on irregular and excessive charges.2
SAMR: 177 Cases of Concentration of Undertakings Concluded in First Quarter, 174 Cases Unconditionally Approved
On April 16, SAMR released data showing that a total of 177 merger control cases were concluded in the first quarter of 2025, among which 174 cases were unconditionally approved and 3 cases were withdrawn by the applicants after acceptance. The number of unconditionally approvals increased by 12% year-on-year in Q1, reflecting increased merger activity among domestic enterprises. Notably, M&A activity was particularly strong in the manufacturing sector, including in the automotive and chemical materials industries.3
SAMR Launches Special Campaign Rectifying Abuse of Administrative Power to Exclude or Restrict Competition
SAMR recently announced the launch of a special enforcement campaign running from April to December 2025 to address abuses of administrative power that exclude or restrict competition. The campaign will focus on four key issues: restricting enterprises’ voluntary relocation, hindering the free flow of commercial factors of production, hindering enterprises’ fair participation in off-site operations, and setting up implicit thresholds for local protectionism and market segmentation.4
Anhui Launches Special Antitrust Enforcement Campaign in Livelihood-related Sectors
On April 3, Anhui AMR launched a province-wide antitrust enforcement campaign targeting sectors closely tied to people’s livelihoods from now until the end of December. The campaign will focus on rectifying monopolistic behaviors in areas such as platform economy, natural monopoly, pharmaceuticals, funeral services, industry associations, building materials, civilian explosives, and vehicle inspection, effectively safeguarding the order of fair competition in the market and the legitimate rights and interests of consumers.5
General Office of CCCPC and General Office of State Council Issue Opinion Strengthening Price Supervision in Network-Type Natural Monopoly Segment
On April 2, 2025, the General Office of the Central Committee of the Communist Party of China (“CCCPC”) and the General Office of the State Council issued an opinion on improving the mechanism of price governance. The opinion points out that it is necessary to create a competitive and orderly market environment, effectively regulate the business scope of natural monopoly enterprises, prevent the extension of monopolistic advantages to upstream and downstream competitive segments, and strengthen the price supervision of network-type natural monopoly segments such as power transmission and distribution and natural gas pipeline transportation.6
Xinjiang AMR Announces Reporting Channel for Fair Competition Review
Recently, Xinjiang AMR has been publicizing and implementing the Measures for the Implementation of the Regulation on Fair Competition Reviews, and at the same time announced the reporting channel for fair competition review to the society. The initiative aims to enhance public oversight, promote the in-depth implementation of the fair competition review system, and effectively ensure that all types of market participants can lawfully use production factors and fairly participate in market competition.7
Public Enforcement
SAMR Launches Antitrust Investigation into DuPont China Group Co., Ltd.
On April 4, 2025, the SAMR announced that it has lawfully launched an investigation into DuPont China Group Co., Ltd. for allegedly violating the Anti-Monopoly Law of the People’s Republic of China (“AML”).8
Supreme People’s Court Upholds Jiangsu AMR’s Penalty Decision in CP Camphor API Antitrust Case
Recently, Jiangsu AMR received the final judgment of the Supreme People’s Court of the People's Republic of China (“SPC”) on the monopoly case regarding CP camphor active pharmaceutical ingredient, dismissing the appeal and upholding the original administrative penalty decision. In 2019, designated by the SAMR, Jiangsu AMR promptly investigated and advanced the handling of this case. After the case was concluded, the parties concerned initiated administrative reconsideration and first instance and second instance administrative litigation. Due to the strict and standardized procedures, fair and reliable conclusions, and accurate and appropriate penalties, the administrative penalty decision of this case was ultimately supported by the final instance.9
Merger Control
SAMR: Parties to CK Port Transaction Must Not Evade Antitrust Review in Any Manner
On April 27, 2025, SAMR announced that it will review the CK Hutchison port transaction in accordance with the law, and the transaction must not proceed until approval is granted, or legal consequences will follow.10
SAMR Releases Q&A on First Case of Administrative Litigation over Merger Control
On March 28, SAMR released a Q&A on the first case of administrative litigation over merger control in China, i.e., the case of Beijing Tobishi Pharmaceutical Co., Ltd. v. SAMR. The Q&A addresses 10 issues, including background of the case, interpretation of merger review rules, the basis for conditional approvals, solicitation of third-party opinions, assessment of proposed remedies, and exemplary significance of the case, etc.11
Courts Litigation
SPP: Number of Public Interest Litigation Cases Regarding Anti-Monopoly and Anti-Unfair Competition Filed in 2024 Increased by Over 80%
On April 23, 2025, the Supreme People’s Procuratorate (“SPP”) held a press conference. Guan Ming, member of the Party Group and Deputy Procurator-General of the SPP, introduced that in 2024, the power of public interest litigation regarding anti-monopoly and anti-unfair competition continued to be strengthened, with a total of 60 cases filed, a year-on-year increase of 81.8%.12
SPC: 97 Antitrust Cases Concluded in 2024, 31 Found to Constitute Monopoly Conduct
On April 21, the SPC disclosed on its press conference that a total of 97 monopoly cases were concluded by courts nationwide in 2024, with 31 cases determined to constitute monopolistic behavior. The SPC has taken a number of measures to strengthen antitrust adjudication in key areas, unify judicial standards, and enhance coordination between law enforcement and judiciary. The Court affirmed its commitment to further advancing antitrust adjudication to safeguard fair competition in the market.13
People’s Court Daily Publishes Interpretation of Judgment on China’s First Administrative Litigation over Merger Control
On April 20, the People’s Court Daily published an article interpreting the key points of disputed issues in China’s first administrative litigation case concerning merger control. The article emphasized that China’s AML does not oppose undertakings expanding their scale through legal means and emphasizes “exceptional intervention” rather than banning concentration of undertakings as the first choice. Although Simcere Pharmaceutical and Tobishi Pharmaceutical are close to a “dual monopoly”, the risks can be eliminated through restrictive conditions. The court assessed their commitment plan in terms of effectiveness, feasibility, and timeliness and concluded that it could reduce monopoly risks. Therefore, the conditional approval is reasonable.14
Xiong’an Intellectual Property Court Designated as New Venue for First-Instance Antitrust Civil Cases
On April 17, with the approval of the SPC, the first intellectual property tribunal in Hebei Province — the Xiong’an Intellectual Property Court — was established. As an internal institution of the Intermediate People’s Court of Xiong’an New Area, Hebei Province, its scope of business includes the trial of first-instance civil cases involving monopoly disputes.15
SPC Makes Ruling on Jurisdiction Issue in China’s First Case Regarding Horizontal Monopoly Agreement in Gaming Industry
Recently, the SPC ruled on a jurisdictional objection in the first dispute concerning horizontal monopoly agreement in the gaming industry in China. Due to the restriction on the cross-platform gameplay of its “Dandantang”, Yunqu filed a lawsuit with Shanghai Intellectual Property Court, claiming that five companies, including 7Road, etc., had the five companies had constituted a monopoly agreement. Although Shanghai Intellectual Property Court ruled that it had jurisdiction over the case, Qianhai Huanjing and 4399 Network were dissatisfied with the court’s ruling and appealed to the SPC. After reviewing the case, the SPC dismissed the appeal and upheld the original ruling.16
FOOTNOTES
- https://mp.weixin.qq.com/s/lNHLmV2tp_cnQqUjRx4qJg
- https://www.samr.gov.cn/xw/zj/art/2025/art_64268fb0330d49a691add037373f01a8.html?sessionid=1795185958
- https://www.samr.gov.cn/fldes/sjdt/gzdt/art/2025/art_d8d8d8bb09ac4d87a5cb024a0e10dee5.html?sessionid=1795304845
- https://www.samr.gov.cn/xw/zj/art/2025/art_db5746963f774fde91a3e329a7988086.html?sessionid=1795250761
- https://amr.ah.gov.cn/xwdt/sjyw/149898881.html?sessionid=1796509717
- https://www.gov.cn/zhengce/202504/content_7016958.htm?sessionid=1796827915
- https://scjgj.xinjiang.gov.cn/xjaic/tzgg/202504/15a1155d843a4f288cc4a790d5d3f87f.shtml?sessionid=1795403988
- https://www.samr.gov.cn/xw/zj/art/2025/art_36b3c47329dc4f4f87640674906e7b85.html
- https://mp.weixin.qq.com/s/woXfLkCQAz6UaT0ZkQuSoQ?scene=25&sessionid=1795342587
- https://www.samr.gov.cn/xw/zj/art/2025/art_67506eda5edf4f39b704340c0dd4ad35.html
- https://www.samr.gov.cn/fldes/sjdt/gzdt/art/2025/art_09c6bc31c6974269bbd0c173f9e5293f.html?sessionid=1797003646
- https://m.mp.oeeee.com/a/BAAFRD0000202504231073930.html
- https://www.chinacourt.org/article/detail/2025/04/id/8804874.shtml
- https://mp.weixin.qq.com/s/pw-xEeAC0Akirje8o27ohw?scene=25&sessionid=1794959608
- https://mp.weixin.qq.com/s/Xj9pqKlx80b0MZJd0b01ZQ?scene=25&sessionid=1795009208
- https://mp.weixin.qq.com/s/mybnni6wffuvbm_o8_jGgg?scene=25&sessionid=1796931106
