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China SAIC

Hogan Lovells

SAMR's triple guidance on antitrust enforcement

Hogan Lovells on

On 1 July 2019 China's antitrust agency, the State Administration for Market Regulation (SAMR), made public three sets of regulations to implement the Anti-Monopoly Law (AML). ...more

Hogan Lovells

China antitrust authority consults on agreements rules

Hogan Lovells on

On 3 January 2019, the State Administration for Market Regulation (SAMR) released a draft of the Regulation on the Prohibition of Monopoly Agreement Conduct (Draft) on its website, inviting comments from interested...more

Skadden, Arps, Slate, Meagher & Flom LLP

China’s Antitrust Regime: Retooled, Retrenched and (Potentially) Ready for Battle

China has introduced a plan to restructure some of its key governmental institutions, including the operations of its three antitrust enforcement agencies. The new scheme, announced in March 2018, for the first time...more

Jones Day

Combination of China's Three Antitrust Enforcement Agencies May Bring More Aggressive Enforcement Over Long Run

Jones Day on

Ten years after the introduction of China's Anti-Monopoly Law, the functions and duties of the three agencies originally charged with enforcing the law's provisions are now unified under the direction of the newly formed...more

Jones Day

China Establishes State Administration for Market Regulation to Integrate Antitrust Enforcement

Jones Day on

China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National...more

A&O Shearman

China’s Intervention Against Vertical Agreements

A&O Shearman on

On December 9, 2016, the PRC National Development and Reform Commission (NDRC) handed down its decision against medical device company Medtronic for having concluded and implemented a vertical monopoly agreement by...more

WilmerHale

Enforcing IP Rights In China: A Road Map For US Companies

WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

McDermott Will & Emery

China to Consolidate Antitrust Law Enforcement Power

McDermott Will & Emery on

The Chinese government announced on March 13, 2018 that it will consolidate the duties of three competition agencies into a new government agency to handle all antitrust matters. While it is too early to tell how this...more

Morgan Lewis

China Redefines Commercial Bribery and Increases Penalties

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China amended its Anti-Unfair Competition Law on November 4, 2017—the first time the law has been amended since it was promulgated in 1993....more

Proskauer - Minding Your Business

Alibaba Securities Class Action Reinstated

The Second Circuit recently revived a putative securities class action against Alibaba Group Holding Ltd. and four of its top executives for alleged material misrepresentations in connection with the company’s $25 billion...more

Hogan Lovells

PRC Court refuses to enforce SIAC arbitral award made by one arbitrator under expedited arbitration procedures when arbitration...

Hogan Lovells on

In Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1, the Shanghai No.1 Intermediate People's Court in a judgment dated 11 August 2017 refused...more

A&O Shearman

China’s Draft IPR Guidelines Reach Final Consultation Stages

A&O Shearman on

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more

Morgan Lewis

China Cracks Down on Commercial Bribery in the Private Sector

Morgan Lewis on

Government will focus on corruption in sales incentive programs. Background - The Chinese government has intensified probes into commercial bribery in the private sector, with a particular focus on sales incentive...more

Pillsbury Winthrop Shaw Pittman LLP

Another Step to Speed Up the Company Registration Process in China

Under the current company registration procedures of the People’s Republic of China, before undertaking the approval and/or registration procedures for establishing a company, the investor(s) of a new company must first file...more

Pillsbury Winthrop Shaw Pittman LLP

China Simplifies Its Legal Administration of Foreign Direct Investments

In order to implement the State Counsel’s decision issued on September 3, 2016 (State Counsel’s Decision), which simplifies the original substantive review and approval process (Approval System) to a new simple filing system...more

Davis Wright Tremaine LLP

China Tightens Regulations on Online Advertisements

On July 4, 2016, China’s State Administration for Industry and Commerce (“SAIC”) issued the Interim Measures for the Administration of Internet Advertising (“the Interim Measures”), which will take effect on Sept. 1, 2016....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

A&O Shearman

SEP-Based Injunctions: Down But Not Out

A&O Shearman on

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

A&O Shearman

When Does An IP Owner Become An IP Abuser?

A&O Shearman on

Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more

Pillsbury Winthrop Shaw Pittman LLP

China Aims to Strengthen Regulations on Commercial Bribery

Recently, the Legal Affairs Office of the State Council released draft amendments (Draft Amendments) to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China (PRC) for public comments. The Draft Amendments...more

Sheppard Mullin Richter & Hampton LLP

China Continues Intensifying Supervision on Product Quality

The State Administration of Industry and Commerce (“SAIC”) has promulgated the Measures for Supervision and Administration of the Product Quality in the Circulation Sector (??????????????) (“Measures”) on March 21, 2016, and...more

Sheppard Mullin Richter & Hampton LLP

China’s Anti-Unfair Competition Law Is Poised For An Update

Since 2010, China’s State Administration for Industry and Commerce (SAIC) and the State Council Legislative Affairs Office (SCLAO) have been revising China’s Anti-Unfair Competition Law of 1993 (AUCL). This February the SCLAO...more

Morrison & Foerster LLP

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Morrison & Foerster LLP

China’s SAIC Issues Competition Rules Regulating Abuse of Intellectual Property Rights

On April 7, 2015, China’s State Administration of Industry and Commerce of the PRC (the “SAIC”) issued the long-anticipated Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrain...more

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