The State Administration for Market Regulation (SAMR) published the Guidelines
on the Application of Personal Liability for Monopolistic Agreements (Draft for
Comment) and is soliciting feedback until Sept. 10, 2026. The draft sets out the
scope, triggering circumstances and discretionary factors for individual
liability and says SAMR may impose fines of up to 1 million yuan on persons —
including a firm’s legal representative, principal officers and directly
responsible personnel — who organize, lead, decide, command, authorize, approve
or condone the reaching of monopolistic agreements. The draft aims to strengthen
piercing antitrust oversight and enforcement deterrence and states that where
such agreements affect key areas — livelihood provision, ecological environment,
production safety, financial capital or data security — and harm national
interests, related individuals will face stricter legal accountability.
