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Further Steps Under The PRC Company Registration Reform

Since October 2013, the PRC government has been rolling out a series of company registration reform in an attempt to set up a more transparent and efficient registration regime. As the first big step, the National People's...more

China Conditionally Approves Thermo Fisher/Life Technologies Merger: MOFCOM Continues to March to Its Own Drumbeat

The January 2014 conditional clearance decision by the Chinese competition authorities regarding the acquisition by Thermo Fisher Scientific Inc. (“Thermo Fisher”) of Life Technologies Corporation illustrates some of the key...more

MOFCOM Publishes Criteria For A Simplified Merger Review

On 11 February 2014, China's merger review regulator, Antimonopoly Bureau at the Ministry of Commerce ("MOFCOM"), published criteria for a simplified merger review, the Interim Rules on Application Criteria of a Simplified...more

"China Introduces Simplified Merger Review Provisions to Improve Process"

Over the past several years, companies engaging in mergers, acquisitions and joint ventures have been subject to long and unpredictable competition reviews for transactions notified in China. Although China’s Anti-Monopoly...more

China’s Simplified Merger Review Program May Significantly Reduce Wait Times For Certain Global Transactions

MOFCOM announces simplified merger-review program that could accelerate antitrust clearance from Chinese authorities for many transactions. MOFCOM estimates as many as 60% of notified transactions will qualify and receive...more

New Rules on Overseas Investment by Chinese Companies

Chinese companies may be able invest up to US $1 billion overseas without approval of the Chinese government unless the investment is in a sensitive country or industry under new rules passed by China’s State Council in...more

China Announces Final Determinations in Antidumping and Countervailing Duty Investigations into Solar-Grade Polysilicon from Korea...

On January 20, 2014, the Chinese Ministry of Commerce (MOFCOM) published Notice No. 5 [2014], imposing definitive antidumping (AD) duties on imports of solar-grade polysilicon from Korea and the United States. On the same...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Agencies Continue Aggressive Enforcement - Despite changes in leadership at the U.S. Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the Agencies) in 2013, the...more

"The Year in Review – Antitrust and Competition Enforcement in China in 2013"

Over the last two years, China has emerged as one of the most significant jurisdictions worldwide for antitrust and competition matters. Now more than ever, firms doing business in China or participating in major transactions...more

China Continues To Violate WTO Obligations For Injury Determinations

In rapid succession, the Government of China has lost three cases before the World Trade Organization ("WTO") involving its conduct of injury investigations. The affirmative injury findings involve the disparate products of...more

Trade & Manufacturing Alert - December 2013

In This Issue: - New Trade Agreements Spark Old Divides Over Trade Promotion Authority Renewal - China Continues To Violate WTO Obligations For Injury Determinations - President Obama Expands Select USA -...more

China to Boost Cross-Border E-Commerce

On Aug. 29, 2013, the Ministry of Commerce (the "MOFCOM"), in collaboration with eight other ministries and departments, released an "Opinion on Implementing Relevant Policies for Supporting Trans-boundary E-commerce Retail...more

US China Trade War Developments –Trade, False Claims Act, Patents, US/Chinese Antitrust And Securities

On December 3, 2013, former Congressman Don Bonker of APCO and I will be speaking in Vancouver, Canada at a breakfast conference held by the American Chamber of Commerce on “The Trans-Pacific Partnership Demystified: A...more

China’s MOFCOM Launches Electronic Merger Filing System

Beginning on October 28, 2013, all merger control cases before China’s Ministry of Commerce (MOFCOM) will have to be filed, and only be filed, in electronic form. In the past, it was required by MOFCOM to provide both hard...more

Business, Trade & Competition: China Bulletin - October 2013

In This Issue: - All Eyes on the Shanghai Free Trade Zone - China and Korea Progress to Second Phase of Bilateral FTA Negotiations; Intersection of RCEP and TPP Remains Key Area of Interest - Excerpt from All...more

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

Antitrust and Competition Newsletter - August 2013

China’s Anti-Monopoly Law: No Longer Just Merger Control? Until this year, China's enforcement activities in the field of antitrust, particularly as these have affected foreign companies, had been mainly focused on...more

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to...more

Chinese Vitamin C manufacturers found liable for price fixing in the United States -- court orders total damages of US$162 million...

In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more

Antitrust and Competition Newsletter - June 2013

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data - The Internet has given rise to information-based businesses that create value by accumulating...more

Glencore’s Long March to Take Over Xstrata

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.);...more

Antitrust and Competition Newsletter - April 2013

In This Issue: - A Modern Look at The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’ *United States - Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

Outbound Investments from China – the Chinese Domestic Requirements

Chinese investments abroad have increased significantly in the past decade. Chinese enterprises (both private enterprises and state-owned enterprises, or SOEs) are heeding the Chinese government’s “venture out” (or zouchuqu)...more

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