Who will enforce the AML?
Corr: The AML contemplates a dual-tiered enforcement regime. At the working level, enforcement authority is allocated among three agencies. The Ministry of Commerce (MOFCOM) will handle merger notifications and review. The State Administration for Industry and Commerce (SAIC) will enforce prohibitions against monopoly agreements and abuses of market dominance, save for any aspects that involve pricing. The National Development and Reform Commission (NDRC) will deal with price abuses by dominant firms and related issues under the AML. This division of authority reflects the historical responsibility of these agencies and is perceived to be a balance-preserving compromise after years of wrangling among the agencies. Q: What is the top enforcement agency? Li: At the top, an Anti-Monopoly Committee (AMC) is to be established directly under the State Council and will formulate overall polices and act as an overseer of AML administration. The State Council recently announced that the adminis
