How to Minimise In-House Counsel’s Exposure to the New Individual Antitrust Liabilities

In-house counsel and other relevant individuals within the companies are also strongly recommended to be aware of the potential antitrust liabilities they may be exposed to. Specifically, for the first time ever, the revised AML introduced personal liabilities of being fined up to RMB 1 million for the monopoly agreement violations.

counsel to conduct a thorough assessment on the antitrust risks of a proposed arrangement as well.

While there is still no guidance on when the individuals would be found personally liable, we think those individuals who signed the monopoly agreements, who implemented the monopoly agreements, and who approved the monopoly agreements may be caught by this provision. Particularly, for in-house counsel, if they approve a monopoly agreement or fail to bear in mind the antitrust risks when they should, they may face certain risks as well.

Therefore, when encountering a potential antitrust issue, in-house counsel are always advised to take necessary measures to show that they have diligently fulfilled their responsibilities. For instance, they may conduct analysis, collect evidence, and remain aware of the risks; if necessary, they may engage external antitrust

Wei HUANG, Tian Yuan Law Firm

Mr. Wei HUANG is a managing partner at Tian Yuan Law Firm. He leads the firm’s antitrust practice, and has extensive experience across the full spectrum of antitrust matters. He handled numerous high-profile antitrust cases across multiple industries. He has long been listed as a top antitrust lawyer. hwei@ty law.com.cn

Fan ZHU, Tian Yuan Law Firm

Mr. Fan ZHU is an antitrust partner at Tian Yuan Law Firm. He has practiced antitrust law for over a decade and has extensive experience in a variety of antitrust matters across multiple industries. He has been recommended by Chambers, Legal500 and others. zhufan@tylaw.com.cn

Wendy ZHOU, Tian Yuan Law Firm

Ms. Wendy ZHOU is an antitrust partner at Tian Yuan Law Firm. She has extensive antitrust experience, especially in handling complex antitrust litigation and investigation. She has been recommended as a rising star by Legal500.

zhouwen@tylaw.com.cn