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FEB-15(1)

By  |  December 23, 2015

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    In this issue:

    Every year we celebrate the Chinese New Year with an authoritative collection of articles on recent developments in China, sponsored by Adrian Emch (Hogan Lovells). It may be the year of the sheep, but the Chinese authorities have not been following any leaders—they’ve been forging their own paths in the competitive policy world. Anyone planning to do business in their backyard needs to be on top of the situation—even if just virtually.

     

    China 2015 Update

    Yong Lim, Yunyu Shen, Feb 12, 2015

    A Tale of Two Courts: Handling Market Definition in Abuse of Dominance Cases Under Market Share-Based Statutory Power Presumptions in China and Korea

    The SPC from the get go seems to have realized the need to maintain a modicum of flexibility in approaching market definition. Yong Lim & Yunyu Shen (Harvard Law)

    Marc Waha, Feb 12, 2015

    MOFCOM Simple Cases: The First Six Months

    In the space of six months, in straightforward cases a “MOFCOM merger approval” has gone from a shorthand for administrative headache and significant deal delays to a reference to an efficient process delivering prompt and largely predictable outcomes. Marc Waha (Norton Rose)

    Kiyoko Yagami, Feb 12, 2015

    Merger Filing Regime in the PRC: Uncertainty Still Remains in the Concept of “Control” – Complex Dilemma Faced by Foreign Investors

    Given MOFCOM’s more assertive enforcement of the merger control regime, foreign investors with a business presence in China may face a catch-22 situation when entering into a minority acquisition. Kiyoko Yagami (Anderson Mōri & Tomotsune)

    Liu Yang, Feb 12, 2015

    China’s Recent Antitrust Investigations and Lessons for Foreign Companies

    As to the reason of the perceived sudden increase of enforcement against foreign companies, instead of taking the phenomenon as selective or discriminatory in nature, it may be more reasonable to interpret it as a sign of the enforcers’ growing confidence. YANG Liu

    Hazel Yin, Ruohan Zhang, Feb 12, 2015

    The Development of Antitrust Law in the Chinese Automobile Industry—An Evolving Regime

    This would arguably undermine the authorized distribution system, which recognizes that high-tech products, such as automobiles, should be sold by properly trained staff who understand the product and are able to provide appropriate after-sales services. Hazel Yin & Ruohan Zhang (King & Wood Mallesons)

    Fay Zhou, John Eichlin, Xi Liao, Feb 12, 2015

    International Standards of Procedural Fairness and Transparency in Chinese Investigations

    With intensified enforcement, the international business community has raised concerns about both the substance and procedure of investigations in China. Fay Zhou, John Eichlin, & Xi Liao (Linklaters)