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Tom Jenkins

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Tom Jenkins is an associate in Baker & McKenzie's Hong Kong office. Tom’s practice covers a wide range of China and EU competition law issues, including merger control, competition investigations, distribution systems, abuse of dominance, joint ventures, issues relating to intellectual property and competition law and general competition compliance. He joined the London Office of Baker & McKenzie as a trainee solicitor in 2008, and qualified into the European & Competition Law Practice in Brussels in March 2010. Since January 2015, he has been on secondment to the Hong Kong office.

On 10 November 2020, China’s State Administration for Market Regulation (SAMR) published draft Anti-Monopoly Compliance Guidelines for the Platform Economy (“Draft Guidelines”) for public consultation.1

The Draft Guidelines clearly signal that stronger antitrust enforcement in China’s tech sector is likely. This appears to be driven by a desire on the part of the Chinese government to rein in the growing strength of internet platforms, and to encourage a more diverse market structure.  

The Draft Guidelines are expected to be finalized by the end of this year or early next year.

On 18 September 2020, China’s State Administration for Market Regulation (SAMR) published the final version of the Anti-Monopoly Compliance Guidelines for Business Operators (Antitrust Compliance Guidelines)[1]. The guidelines provide a framework for how business operators should establish an antitrust compliance system and manage antitrust compliance risks in China. The Antitrust Guidelines are not mandatory but are indicative of the key aspects SAMR would expect to see in a good compliance programme.