National Development and Reform Commission

News & Analysis as of

A Fine Season for Antitrust Enforcement in China

The World Cup has ended and visiting fans have returned home from Brazil’s hot and humid climate. Now, some companies are feeling a different kind of heat, as Chinese antitrust regulators step up their enforcement activities....more

Orrick's Antitrust and Competition Newsletter - June 2014 (Global)

Opt-Out Antitrust Class Actions — A U.S. Perspective on the Consumer Rights Bill Pending in UK's Parliament - Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style...more

New NDRC Regulatory Measures on Outbound Investment Effective May 8, 2014

On April 8, 2014, the National Development and Reform Commission (“NDRC”), a ministry-level authority under the State Council responsible for the administration of domestic investment in China and outbound investment out of...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus - California drought: plan would reverse aqueduct flow to send water back to farms: San Jose Mercury News - May 8: Water has flowed from Northern California's snow-capped peaks to the...more

China to Relax Governmental Approvals for Outbound Investment

On December 2, 2013, the State Council issued the Circular Concerning Catalogue of Investment Projects Requiring Government Approval (2013 Version)(the “2013 Catalogue”) and introduced new changes[1] to governmental approvals...more

New NDRC Rules Set to Facilitate China Outbound Investments

As we reported in our February 18, 2014 alert, China’s State Council adopted a new, more permissive approach to regulation of overseas direct investment (“ODI”) with the promulgation on December 2, 2013 of the Circular...more

China: A New Dawn in Anti-Trust

Chinese antitrust regulators have not historically been known to engage in aggressive investigations. Things may be beginning to change. Last year, both Qualcomm and IDC were put under the microscope by PRC National...more

China's Latest Enforcement of the Anti-Monopoly Law and Price Supervision/Regulation

China's National Development and Reform Commission (NDRC) recently outlined its latest efforts in the enforcement of the Anti-Monopoly Law and price supervision. This newsletter summarizes the noteworthy information NDRC...more

New Rules on Foreign Direct Investment in China

Most foreign direct investment projects will be treated the same as their domestic counterparts with regard to governmental approval requirements under new rules passed by China’s State Council. The move substantially relaxes...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

Successful Strategies For Doing Business In Asia: China

1. What role does the government of China play in approving and regulating foreign direct investment? In the past, foreign investment in China was highly regulated. However, following China’s entry into WTO a decade...more

The Convergence Of Bear Bryant And Johnny Football – Lessons In Compliance

Sedona Arizona is known for its four vortexes, some of those alleged places where the universe has holes in it or overlaps (I can’t remember which). I have been to Sedona but I have never experienced such convergence (or the...more

China Hands Milk Producers the Largest Anti-Monopoly Violation Fine

On August 7, 2013, the National Development and Reform Commission (“NDRC”) fined six powdered milk companies – five foreign and one Hong Kong-based – RMB668 million (approximately US$109 million) for engaging in...more

Chinese Court Rules in Favor of Plaintiff in the First Antitrust Civil Action on Vertical Anti-Competitive Agreements

After judicial proceedings spanning three years, Johnson & Johnson Medical (China) Ltd. and Johnson & Johnson Medical (Shanghai) Ltd. (collectively, “J&J”) lost the antitrust action brought by Beijing Ruibang Yonghe Science...more

CSRC Became Sole Regulator of PE Industry

The long fight between China’s regulatory agencies for the private equity (PE) and venture capital (VC) industry has finally been concluded. By a notice on Division of Duties in Private Equity Fund Administration promulgated...more

Asia: Corporate Newsletter - July 2013

Effect of regulatory non-compliance on suitability of listing - Under the Listing Rules, a listing applicant must be considered by the Hong Kong Stock Exchange (SEHK) as suitable for listing before it can be listed....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

Chinese Authorities Fine LCD Cartel Members in NDRC’s First Global Cartel Decision

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more

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