Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson
The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas...more
The proliferation of U.S. sanctions and other regulations affecting cross-border transactions has implications for directors, who may be personally liable for violations in some cases. Meanwhile, the Securities and Exchange...more
This month, important amendments to the Chinese Anti-Monopoly Law (AML) came into force. Implementing regulations are now being finalized which will provide further detail on each set of changes.1 The Chinese antitrust...more
China’s first amendment to its Anti-Monopoly Law will impact merger filings and anti-monopoly enforcements. The amended law grants the enforcement authority the power to suspend the review of merger control cases....more
On August 1, 2022, long-awaited amendments to China’s Anti-Monopoly Law — the first ever — will go into effect. These amendments include significantly harsher penalties and fines for certain violations, modifications to the...more
Amendments to China’s Anti-Monopoly Law, together with proposed revisions to various implementing regulations, are set to make substantial changes to both SAMR’s antitrust procedures and its substantive assessments. Key...more
Companies doing business in China need to anticipate stricter anti-cartel enforcement in the near future. Recently released legislative plans suggest an amendment of the Anti-Monopoly Law is on its way. ...more
In August 2020, the Anti-Monopoly Bureau of China's State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile...more
On July 22, 2020, China’s State Administration for Market Regulation (“SAMR”) published its unconditional approval of the concentration of operators in the Shanghai Mingcha Zhegang Management Consulting Co., Ltd. and...more
The Development: China's State Administration for Market Regulation ("SAMR") fined three suppliers of active pharmaceutical ingredients ("API") for injectable calcium gluconate a total of RMB 325.5 million (approximately...more
September 1, 2019 may be seen as a new starting point for the enforcement of China’s antitrust and competition laws. On this date, three new sets of rules and regulations (the “Three New Regulations”) took effect, which were...more
On March 13, 2018, China’s Ministry of Commerce (“MOFCOM”)announced its Conditional Approval following antitrust review of a concentration of undertakings relating to Bayer’s proposed merger with Monsanto (“Merger”) (Bayer...more
In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China....more
On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price...more
China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce—together with the Ministry of Finance and...more
MOFCOM continues efforts to increase enforcement of its merger notification requirements, despite very limited penalty options. On January 4, 2016, China’s Ministry of Commerce (MOFCOM) announced that it had fined...more
On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more