Beijing – August 21, 2025
China’s State Administration for Market Regulation (SAMR) has issued draft antitrust guidelines for the public utilities sector, aiming to tighten oversight of industries such as water, electricity, gas, heating, waste treatment, broadcasting, and public transport.
The draft, released on Aug. 20 for public consultation, highlights recurring abuses of market dominance in utilities, particularly in water, gas, electricity, and heating. SAMR said the proposed rules are intended to clarify enforcement principles, refine analytical approaches, and provide operators with clearer compliance standards.
Key provisions address common forms of abusive conduct, including excessive pricing, refusal to deal, tying, imposing unreasonable conditions, and discriminatory treatment. The draft devotes special attention to exclusive dealing, a frequent issue in practice, setting out factors regulators may consider—such as whether utility providers compel counterparties to source construction services or equipment only from designated suppliers, or restrict access by delaying or denying services through contract terms, administrative procedures, or system requirements.
SAMR noted that public utilities often involve natural monopoly elements and carry unique public-interest and regional characteristics. The new guidance is designed to build a more durable regulatory framework, offering both enforcers and businesses greater clarity on the boundaries of lawful conduct.
The consultation on the draft guidelines is open to public comment, though SAMR did not specify a closing date.
Source: https://www.samr.gov.cn/xw/mtjj/art/2025/art_77f59a07c156415686bae1e345d6a35d.html
