National Development and Reform Commission

News & Analysis as of

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

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

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

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

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

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

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

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

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?

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"

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?

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

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

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

NDRC Issued Opinions and Notice on Drug Price Reform

On May 4, 2015, the National Development and Reform Commission (“NDRC”) and seven agencies including the National Health and Family Planning Commission and the Ministry of Human Resources and Social Security jointly published...more

China Liberalizes Drug Pricing Control

Beginning June 1, 2015, the vast majority drugs in China, except for narcotic and Type 1 psychotropic drugs, will be free from government-set pricing. This reform on drug pricing policy was announced by the central pricing...more

NDRC’s Qualcomm Decision Sends Mixed Messages

Chinese New Year celebrations culminated in a big way for foreign multinationals in China with the news at the end of February that the head of the National Development and Reform Commission’s (“NDRC's”) Antitrust Bureau had...more

China Outlines Plans for its Carbon Trading Markets

The Climate Department of China’s National Development and Reform Commission (NDRC) recently published an article entitled “Regarding the Fundamental Conditions and Operational Thinking Behind the Promotion and Establishment...more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

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

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