This issue was managed by our editorial board member, Adrian Emch from Hogan Lovells, who also arranged for several of the translations. Many thanks! With the arrival of the new year of the dragon, China has completed its third full year of implementation of the Anti-Monopoly Law. While we are clearly still at the beginning […]

Francois Renard, Jan 25, 2012 Since the entry into force of its antitrust rules, China has approved transactions subject to “restrictive conditions,” also called “remedies” or “commitments” in other jurisdictions, in only ten out of approximately 370 transactions notified. This is a particularly low proportion of cases compared to other jurisdictions, including the European Union. […]

Meng Yanbei, Jan 25, 2012 This case has drawn considerable public interest in the AML, and has captivated both academia and the international business community. Standing out among the questions discussed is whether the conduct of China Telecom and China Unicom constitutes an abuse of a dominant market position as prohibited by the AML. However, […]

Li Huiying, Jan 25, 2012 As competition for Chinese internet information services is getting fiercer, violations of the law have also gradually increased. For example, irregular business management and infringement of users’ lawful rights and interests have taken place from time to time. As a result, the Ministry of Industry and Information Technology (“MIIT”) published […]

Jenny Huang, David Stallibrass, Jan 25, 2012 From China’s first and only decision to block a merger, involving the purchase of the Huiyuan juice brand by Coca-Cola, brands have been widely observed to be one of the important factors in Chinese merger control decisions. Brands are also at the forefront of Chinese industrial policy, with […]

Zhu Li, Jan 25, 2012 The year 2011 provided significant headway for the development of antitrust-related civil actions in China. Courts not only achieved progress in terms of case acceptance and adjudication, but also made a huge step forward in the setting-up of the civil antitrust litigation system. With regard to the former, the number […]

Patrick Chan, Dirk Elvermann, Edwin Li, Jan 25, 2012 Along with its growing economic power, China has become a major jurisdiction where multinational companies conduct their businesses. The Chinese legal and regulatory requirements play a significant role in global transactions. Consistent with this importance, the Chinese laws and regulations are evolving rapidly and are living […]

Rong Hongzhi, Cui Shufeng, Jan 25, 2012 In the three plus years since the Anti-Monopoly Law (“AML”) entered into force on August 1, 2008, China has started to enforce the antitrust review for concentrations between business operators (often called “merger control” abroad). Within this period, the sets of rules applicable to the antitrust merger review […]

Liyong Jiang, Jan 25, 2012 China’s capital market has witnessed numerous mergers and acquisitions (“M&A”) among listed companies in recent years. Data shows that 564 M&A deals involving listed companies took place in China from 2005 to 2009, valued at RMB 220 million (approximately US$ 35 million; EUR 27 million) per year. Listed companies in […]