According to the WeChat public account of Shishuo Xinyu, on September 9, the State Administration for Market Regulation officially issued the "Anti-monopoly Compliance Guidelines for Concentration of Business Operators" (hereinafter referred to as the "Guidelines"). This is the first compliance guidance document issued by the Anti-Monopoly Law Enforcement Agency under the State Council in the field of concentration supervision since the implementation of the Anti-Monopoly Law in 11, which is of great significance to improving the level of normalization of supervision of concentration of undertakings.
The Guidelines focus on the characteristics of the supervision of concentration of undertakings and the compliance needs of enterprises, and provide useful references for enterprises in terms of compliance risks, compliance management and compliance protection. Enterprises can establish and improve internal compliance management systems and enhance compliance management capabilities according to their own conditions such as business scale, management mode, concentration frequency, and compliance system.
As an important measure to promote normalized supervision, the Guidelines reflect the following characteristics: First, highlighting the purpose of service, the Guidelines propose that market supervision departments should regularly understand the compliance situation of enterprises and provide necessary support, and actively carry out publicity and training. Second, on the basis of practical results, the Guidelines focus on achieving compliance effects, and do not require enterprises to establish a separate compliance system for concentration of undertakings to avoid additional compliance costs. The Guidelines fully consider the differences in the management models of different types of enterprises and the frequency of investment and mergers and acquisitions, and give enterprises sufficient flexibility in compliance construction. Fourth, focusing on problem-oriented, the Guidelines introduce case explanations for the first time to help enterprises better understand the compliance risks that may be faced by all aspects of investment and M&A.
In the next step, SAMR will actively carry out compliance publicity and training with provincial market supervision departments, business associations, law firms and other forces, select and promote typical compliance cases in a timely manner, and create a good atmosphere for competition and compliance in the whole society. At the same time, establish and improve the compliance evaluation system for concentration of undertakings, the risk early warning prompt mechanism and the regular communication mechanism to better serve the standardized and healthy development of enterprises.
Image source: City Speak Xinyu WeChat public account