China: New rules for monopolies

The regulations clarify that a dominant market position should be determined according to articles 18 and 19 of the anti-monopoly law and further clarify that ownership of IP rights is one of the factors in determining a dominant market position, but it should not be presumed solely because of such ownership.

The regulations provide market share safe harbours. Specifically, unless it can be proved to have the effect of eliminating or restricting competition, agreements between business operators will not be determined as monopolistic agreements, if: