市场监管总局修改禁止垄断协议规定 明确纵向协议“豁免”门槛

Core Viewpoint - The State Administration for Market Regulation has revised the "Regulations on Prohibiting Monopoly Agreements," clarifying the market share standards and other conditions for vertical monopoly agreements that are not prohibited, effective from February 1, 2026 [1][2] Group 1: Market Share Standards - The regulations specify market share standards for different types of vertical monopoly agreements: for agreements that fix or limit resale prices, a market share below 5% and a turnover below 10 million yuan will not be prohibited; for other vertical agreements, a market share below 15% will not be prohibited without turnover conditions [1] - Both parties involved in the vertical agreement must meet the relevant market share standards and turnover conditions for the agreement to not be prohibited; if either party does not meet the criteria, the exemption does not apply [1] Group 2: Investigation and Enforcement - For vertical agreements that meet the market share standards and other conditions, no investigation will be initiated if not already filed; if already filed, the investigation will be terminated [2] - If antitrust enforcement agencies have evidence that an agreement, while meeting the standards, has exclusionary or restrictive competitive effects, the non-prohibition rule cannot be applied, and the agency must investigate the relevant vertical agreement [2] Group 3: Special Provisions - The regulations allow for special provisions for specific industries, fields, or types of agreements, with existing special provisions including those for the abuse of intellectual property to exclude or restrict competition [2] - The State Administration for Market Regulation may develop additional specialized regulations as needed based on industry characteristics and complexities [2]