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
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
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
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
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
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
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
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
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
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