중국 개정 반독점법의 주요 내용과한국 기업에 대한 시사점

China's revised Anti-Monopoly Law, which took effect in August 2022, represents the first comprehensive revision in 14 years since its enactment in 2008. This major legislative reform aims to address the rapid development of the digital economy and monopolistic practices by platform companies. This study systematically analyzes the background and key contents of the revised law, examines enforcement trends and major cases, and derives practical implications for Korean enterprises, with particular emphasis on extraterritorial application. The analysis of the revised law's key contents reveals the following. First, the law added "encouraging innovation" to legislative purposes and strengthened the fundamental position of competition policy, redefining the modern role of competition law. Second, it elevated the fair competition review system to the statutory level, establishing an institutional foundation for preventing administrative monopolies. Third, it became the world's first to explicitly prohibit monopolistic practices using data, algorithms, technology, capital advantages, and platform rules, establishing a regulatory framework responsive to the digital economy era. Fourth, it reflected modern competition theory by introducing the rule of reason for vertical monopoly agreements, establishing safe harbor provisions, and providing regulatory grounds for hub-and-spoke collusion. Fifth, it introduced investigation procedures for sub-threshold merger control and stop-the-clock systems to address killer acquisitions. Sixth, it comprehensively strengthened legal liability through substantial increases in fines, introduction of personal liability systems, and establishment of punitive fine systems, public interest litigation, and credit disclosure systems. Analysis of enforcement trends shows strong regulation of platform companies, including fines of 182 billion yuan on Alibaba and 34 billion yuan on Meituan. Courts are also expanding their role by issuing civil compensation rulings for monopolistic conduct. The 94% decrease in fines in 2024 compared to the previous year is evaluated not as enforcement relaxation but as a shift toward prevention-focused supervisory strategies. Regarding extraterritorial application, China's Anti-Monopoly Law adopts the effects doctrine, making Korean companies potential regulatory targets. With increasing enforcement cases against foreign companies such as Qualcomm and NVIDIA, Korean companies with significant sales in China or Chinese subsidiaries require particular attention. Implications for Korean enterprises include the following. First, comprehensive reconstruction of compliance systems is necessary as the introduction of personal liability allows direct punishment of management. Second, contracts with Chinese partners must be reviewed to remove clauses that may constitute vertical monopoly agreements, such as exclusive provisions and resale price restrictions. Third, M&A risk assessment from a competition law perspective is essential, considering the possibility of post-transaction investigations even for sub-threshold transactions. Fourth, digital platform operators must pay attention to new regulations on data and algorithms and strictly prohibit "choose-one-from-two" practices. Fifth, comprehensive risk management beyond fines is necessary, considering the ripple effects of the credit disclosure system.