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Involving IP, Cross-Border Data and Antitrust: Full Text of the Guidelines for Overseas Competition Conduct and Compliance Building in the Automotive Industry Released
2026-09-14
According to customs statistics, China exported 8.32million vehicles in 2025, sold to more than 200 countries and regions; Chineseenterprises have invested in automotive manufacturing in more than 80 countriesand regions. The Automotive Guidelines are a concrete measure for implementingthe decisions and arrangements of the Fourth Plenary Session of the 20th CPCCentral Committee on improving the comprehensive overseas service system andguiding the rational and orderly cross-border layout of industrial and supplychains. They are intended to enhance automotive enterprises' compliancecapabilities and international influence.
The Guidelines propose that enterprises may establishpricing strategies that are cost-based and oriented by international marketsupply and demand, reasonably determine price differences among countries(regions) so as to avoid frequent and substantial price fluctuations that harmconsumer interests and brand image, and respect the independent pricing rightsof distributors and agents in host countries (regions). Promotional activitiesshall comply with local laws, regulations and business practices, andcontractual commitments shall be fulfilled. Brand display and advertising mustdisclose information truthfully and completely, refrain from false advertising,and avoid misleading consumers.
The Guidelines require enterprises to carry out productionand operations in light of local conditions, ensuring compliance throughout theentire process of inspection, negotiation, construction, production, pricing,procurement and services; to strengthen risk assessment of the host country'spolitical, economic and security conditions as well as workplace safetymanagement; to improve quality management and after-sales service systems; andto comply with local labour laws and ensure equal opportunities and fair treatmentfor employees.
The Guidelines specify that enterprises shall ensurecompliance in data processing activities including the collection, use,protection and cross-border transfer of information related to connectedvehicles and autonomous driving, and protect consumers' personal privacy;strengthen the overseas market layout of proprietary intellectual property andregulate the use of IP in areas such as industrial design, parts production andcommunication technology; strengthen overseas antitrust compliance, effectivelyidentifying, assessing and controlling legal risks; and promote the green andlow-carbon transformation of supply chains while actively fulfillingenvironmental responsibilities.
The Automotive Guidelines are general guidance forenterprises' reference in practice, and are interpreted by MOFCOM together withMIIT and SAMR, highlighting their public service nature, practice-orientedapproach and the concept of win-win cooperation. Next, MOFCOM will work withrelevant departments to continue improving the comprehensive overseas servicesystem and better guide the rational and orderly cross-border layout of theautomotive industry.
ACIP notes that the issuance of the Automotive Guidelines means that regulators' requirements on the overseas competitive conduct of automotive enterprises have been further refined. Automotive enterprises that are expanding into or already deeply engaged in overseas markets need to establish an early-warning mechanism for overseas operational compliance in a timely manner, review in advance host-country requirements on pricing management, promotions and advertising,cross-border data, intellectual property protection and antitrust, and avoid higher operating costs arising from compliance gaps, such as penalty investigations and IP disputes. Where relevant risks have already emerged,enterprises are advised to prepare objective evidence and explanatory materials as early as possible and, where necessary, engage professional institutions to conduct compliance assessments and rectification.
