The Trump Administration’s tariff wars may cause American companies to move operations offshore, with joint ventures in China one likely option. A joint venture with a Chinese partner can enable a company to respond nimbly...more
Three years ago, China’s Ministry of Commerce (MOFCOM) introduced a simplified merger review procedure to reduce the review time for transactions that do not pose significant competitive or industrial policy concerns in...more
On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the...more
On September 3, 2016, the Standing Committee of the National People’s Congress (NPC) adopted the Decision on Revising Four Laws, Including the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises (NPC...more
On September 3, 2016, the Standing Committee of the National People’s Congress (“NPC”) adopted the Decision of the Standing Committee of the NPC on Revising Four Laws, Including the Law of the People’s Republic of China on...more
Action Item: China reforms its regulatory regime for managing FIEs by replacing existing MOFCOM approval requirements with a filing procedure nationwide. Beginning October 1, 2016, the incorporation of or a major change to an...more
On June 30, 2016, the Asset Management Association of China (“AMAC”) released the Q&A Regarding Registration and Filing of Private Funds (No. 10) (“Q&A No. 10”), which confirmed that both wholly foreign-owned and...more
China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted...more
China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more
The Ministry of Commerce in China (“MOFCOM”) has promulgated a series of implementation regulations as an effort to improve the enforcement of the Anti-Monopoly Law (“AML”), among which two regulations specifically relate to...more
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
In This Issue: - FCPA Due Diligence is Critical to Avoid Successor Liability in Cross-Border Transactions - China’s Merger Control Rules...more