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Horizontal conduct · 02 Editorial guide

Cartels and Horizontal Agreements in China

Competitor contact, information exchange and joint-venture overlays.

First job Identify the counterparties and the contact channel before assessing risk.

Decision railwho is a competitor → contact/channel → agreement or exchange → preserve → leniency/response → remediation
See routing facts

Direct answer

What this page decides

Owner
01

This page owns AT05: agreements and concerted practices among competitors. Price fixing, market or customer allocation, output limits and bid rigging are the core. Information exchange and trade-association activity can be enough without a signed cartel. Purchasing collaborations and JVs need a merger-control overlay when they are concentrations. Raids go to Investigations L4 (and national dawn-raid if officials are on site). Do not invent leniency windows or fine percentages.

At a glance

Which fact changes the next route

Use the fact that changes ownership or urgency to decide the next move.

Facts that change the next investigation route
QuestionWhy it mattersNext route
Competitor on the email?Horizontal by default until proven otherwise.Stop the thread; preserve.
Trade association stats?Can be an exchange.Counsel before sending granular data.
Joint bidding?May be allocation or a legitimate consortium.Document independence or file as concentration if it is a JV.
SAMR at the door?Wrong page for choreography.Investigations L4 + dawn-raid L4.

Scope

What this page owns — and what it does not

Whocompanies that meet competitors in China markets.
Owns AT05.
ExclusionsRPM (Vertical); dominance (Dominance L4).

Practical workflow

Action, evidence, legal gate, output

Practical workflow
ActionDocuments / evidenceLegal gateOutput
Identify counterpartiesWho competes whereCompetitor vs verticalMap
Stop live exchangesEmail, WeChat, meetingsPreserve, do not deleteHold
Classify conductPrice, allocation, bids, infoCounselRisk class
Choose response pathInternal factsLeniency/investigation L4Strategy
Remediate programmesAssociation membership, templatesCompliance ownerControls

Documents

What to gather before the next call

These items help clarify the file; they are not a legal requirement list.

Documents to gather before instructing counsel
ItemWhy neededWho holds itRisk if missing
Meeting calendars and WeChat groupsContact evidenceSalesUnexplained competitor contact
Bid filesRigging analysisTender teamCover pricing
Association materialsExchangeGovernment affairsGranular future data

Common failure points

Where files usually break

  1. ‘Market sounding’ calls with rivals on next quarter’s prices.

  2. Deleting the WeChat group after a rumour of a raid.

  3. Assuming a minority JV is only M&A and never horizontal.

FAQ

Narrow follow-ups owned by this page

Is recommended pricing among competitors OK?

Competitor-side price talk is not ‘recommended RPM’. Treat as horizontal until counsel says otherwise.

Counsel hand-off

What to bring when you instruct

Instruct antitrust counsel (cartel/leniency experience). Bring: who talked, which channel, and whether any authority has contacted you.

Local context

Add the city only when it changes implementation.

Local SAMR practice can matter after the national question is identified.

Open city and province guides

Counsel hand-off

Need competition counsel?

This hub organises transaction, conduct and investigation routes. It is not a filing decision.

Find competition counsel

Submit an initial enquiry

Need qualified counsel?

Move carefully. Move with a record.

Use the portal to identify counsel for this practice and related China-side issues.