The recent release of a new set of rules describing how Chinese investigators must proceed when dealing with anti-monopoly practices will open target firms to “dawn raids”, according to an international law firm.
Steve Yu, Shanghai-based partner for Eversheds, wrote in a recent report that the release of the “Procedural Rules on Investigation and Sanctions by the Administration for Industry and Commerce on Monopoly Agreements and Abuse of Market Dominance” on June 5 will make on-site investigations and substantial fines for anti-trust activities in China a “real possibility”.
China published its anti-monopoly law in August last year, but because there has been a delay in releasing the procedural investigation rules, none of the companies which have been accused of anti-trust practices in China have been investigated yet, Mr Yu said.
But with the publication of the procedural rules, Chinese businesses could soon see the first wave of anti-monopoly investigations, he added.
Under the new rules, which take effect from the beginning of July, the State Administration for Industry and Commerce and provincial level administrations will be empowered to enter premises of businesses which are suspected of engaging in monopolistic business practices.
Officials will be authorised to question senior corporate executives, read, make copies of, or seize relevant paper and electronic documents, as well as examine the company’s bank accounts.
During an on-site investigation, at least two officials must be present, and they must make available certificates showing their authority to carry out the probe. The company may also be requested to supply a range of information on its operations, including its accounts for the last three years.
Failure to cooperate could result in a fine of up to RMB100,000, or other criminal liabilities. Companies being probed may apply in writing for a suspension of the investigation, if it provided details on how it intends to address the alleged monopolistic practices.
If a business has been found to have engaged in a monopoly agreement, they could be fined up to 10 per cent of its previous year’s turnover.
Mr Yu said that to ensure compliance, multinational firms need to take a pro-active approach in identifying and managing the anti-trust risks of its operations in China. They should carry out training with local management and conduct internal anti-trust audits on its Chinese subsidiaries.








