News & Analysis as of

National Development and Reform Commission

NDRC’s Probe of the Foreign Finance Sector May Signal Increased Antitrust Enforcement Risks Related to SSA Market and Beyond

by Ropes & Gray LLP on

Recent press reports in China have indicated that China’s National Development and Reform Commission (NDRC), one of China’s three antitrust regulators, is launching an inquiry into firms in the foreign finance sector to...more

Belt and Road Forum Positions China as Leading Proponent of Global Trade

by Latham & Watkins LLP on

Leaders from around the world, including 20 heads of state, attended the Belt and Road Forum for International Cooperation in Beijing on March 14-15. The attendees at the forum agreed on guiding principles for the initiative,...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

by Allen & Overy LLP 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

NDRC’s Briefing Meeting on Increased Openness to Foreign Investment

by WilmerHale on

The US-China Business Council (USCBC) hosted a meeting on March 13, 2017, with the Foreign Investment Department of the National Development and Reform Commission (NDRC). Deputy Director General LIU Hongkuan (Mr. Liu) and...more

Antitrust in China: 2016 highlights and an outlook on 2017

by Allen & Overy LLP on

The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in...more

China Will Issue “Green Certificates” for Renewable Energy

by Latham & Watkins LLP on

China’s National Development and Reform Commissions (NDRC) – the country’s chief economic planning body – announced that a “green certificates” program for solar and wind power will be launched beginning on July 1, 2017. The...more

SAFE Relaxes Repatriation Restrictions under Neibaowaidai Structure

by Allen & Overy LLP on

On 26 January 2017, the State Administration of Foreign Exchange (SAFE) of China released a Circular on Further Advancing the Reform of Foreign Exchange Administration and Improving the Examination of Authenticity and...more

China's new restrictions on outbound investments and remittance

by Allen & Overy LLP on

In 2016, the value of RMB depreciated over 6% against the US dollar and China’s foreign exchange reserves dropped sharply. Such depreciation of RMB and the continuous capital outflow at extraordinary levels have caused the...more

China: Deregulation of the Foreign Direct Investment Regulatory Regime

by Latham & Watkins LLP on

Changes would reduce costs and improve certainty and efficiency for many foreign-invested enterprises in China, and potentially spur further FDI. Amendment - On September 3, 2016, the National People’s Congress...more

Green Bonds: Green Striping to Fuel China’s Green Economy?

by Latham & Watkins LLP on

China has become the world’s largest green bond market, with green bonds issued in the first half of 2016 reaching 75 billion yuan (US$11 billion), 33% of the world total. This figure is approximately two percent of the total...more

Increase in Vertical Price Restraint Enforcement in China

In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing number of foreign companies in consumer-facing industries have received...more

PE Set To Benefit From More Outward Looking Chinese Buyers

by Latham & Watkins LLP on

In recent years, Chinese companies have become increasingly bold in the search for new deals, looking beyond the country’s borders for transformational takeovers. This year already, we have seen PEViews China chartthe largest...more

China’s NDRC Tables Further Streamlined Outbound Investment Rules

by Morrison & Foerster LLP on

Overseas investment from China has experienced rapid growth each year in the last several years, with the Ministry of Commerce (“MOFCOM”) reporting USD735.1 billion in new investment having been deployed overseas by Chinese...more

State Council Issues Guideline to Boost General Aviation Industry

Following a surge of investment in China’s general aviation sector around 2013, the sector has experienced down-turns due to the overall slowing of the economy in 2015. On May 17, 2016, the General Office of the State...more

China Competition Authority Initiates Drug Pricing Investigation

On May 22, 2015, the National Development and Reform Commission (the NDRC) of China promulgated a notice (the Pricing Investigation Notice) announcing that it would carry out a nationwide drug pricing investigation on...more

China’s NDRC Proposes Changes to Outbound Investment Rules

by Latham & Watkins LLP on

Changes could reduce regulatory uncertainty for Chinese investors, potentially spurring significant increases on outbound Chinese investment, especially in sensitive industries. Summary - Continuing a policy of...more

Navigating the Green Bonds markets in China

by Reed Smith on

China’s climate change objectives under the Paris Agreement will require it to invest a massive amount of capital into growing its domestic renewable energy generation, as well as invest in other emissions-reducing efforts....more

China Cuts Down on Carbon as Coal Falls Out of Favour

by Latham & Watkins LLP on

China’s National Development and Reform Commission (NDRC) and the National Energy Administration (NEA) have ordered local authorities to stop construction of coal-fired power plants in 13 provinces where capacity already...more

China—Proposed Simplification Of Outbound Investments Rules

by Morgan Lewis on

A recent consultation paper issued by the National Development and Reform Commission (NDRC) seeks to further relax current restrictions on Chinese outbound investments....more

SEP-Based Injunctions: Down But Not Out

by Allen & Overy LLP 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

When Does An IP Owner Become An IP Abuser?

by Allen & Overy LLP 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

Power generation along the "one belt one road"

by DLA Piper on

Power and the power sector is a core focus of the One Belt One Road initiative. In March 2015 China’s National Development and Reform Commission (NDRC), Ministry of Foreign Affairs and Ministry of Commerce jointly issued the...more

China’s Allopurinol Case: Double Jeopardy For One Anti-Competitive Scheme?

by Allen & Overy LLP on

Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical...more

China’s Reform on Administration of Foreign Debts – What to Expect

by White & Case LLP on

On 14 September 2015, the PRC National Development and Reform Commission (“NDRC”) promulgated the Circular on Promoting Reform on the Administration of Filing and Registration of Foreign Debt Issued by Enterprises. The...more

NDRC’s Reform On The Administration Of Foreign Debts - How It May Affect Your Transactions

by Allen & Overy LLP on

On 14 September 2015, the National Development and Reform Commission (NDRC) promulgated the Notice on Accelerating Reform on the Administration of Filing and Registration of Foreign Debts Issued by Enterprises...more

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