On March 24, 2017, the PRC National Development and Reform
Commission ("NDRC") issued draft Guidelines for
Price-Related Behavior of Industry Associations
("Guidelines"). The Guidelines encourage industry
associations in the People's Republic of China to engage in
price-related behavior that benefits industry development, market
competition and consumers' legal interests; outline the legal
risks that may be involved in various price-related behavior by
industry associations; and provide guidance for industry
associations to assess whether price-related behavior poses legal
risk. The NDRC is accepting public comments until April 24,
Among other things, the draft Guidelines:
Encourage industry associations to educate their members
regarding pricing and antitrust-related laws and regulations, to
protect their members' pricing-related rights and interests, to
implement industry self-regulation, to support enterprises'
effort in exploring overseas markets, and to participate in
mediation of price-related disputes between members or with a
Explain that legal risks exist when an industry association
announces price information to its members or within the industry,
which may lead to price collusion, or when an industry association
announces price information to the public, which may affect the
public's expectations and have negative effects on the
List other activities that involve significant risks, including
activities that may be deemed to have obvious effects of
eliminating or restricting competition, or activities that
seriously disturb market prices.
Prohibit an industry association that undertakes industry
administration functions according to law, or performs certain
industry functions authorized by administrative authorities, from
abusing its role.
Provide that industry associations are subject to legal
liability according to pricing or antitrust-related laws, industry
regulations, and social organization-related administrative
Comments on the proposed Guidelines may be submitted here by April 24, 2017.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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