Looking back on the year 2023, this alert aims to give an update on the state of play in Chinese merger control. In particular, it looks at how merger control has evolved since China’s main antitrust statute – the...more
On 29 May 2023, China’s antitrust authority published on its webpage the decision against Zizhu Pharma. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance, the antitrust lingo for...more
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas...more
Am 24. Juni 2022 verabschiedete der Ständige Ausschuss des Nationalen Volkskongresses Chinas die Überarbeitung des Antimonopolgesetzes ("AMG"). Das überarbeitete AMG wird am 1. August 2022 in Kraft treten, und es ist davon...more
The AML reform brings about significant changes to Chinese merger control. Modifications to the notification thresholds and clarifications on the “controlling right” concept may lead to fewer filings being required. At the...more
There are relatively few changes in the draft regulations implementing the revised Anti-Monopoly Law in the areas of abuse of dominance, abuse of IPRs, and abuse of administrative powers. While mainly platform operators are...more
The draft Regulation Prohibiting Monopoly Agreements is a key part of the Anti-Monopoly Law reform package. While the expansion of the cartel prohibition to include third parties may not come as a surprise, the introduction...more
On 24 June 2022, the Standing Committee of China’s National People’s Congress passed the revision of the Anti-Monopoly Law (“AML”). One working day later, on 27 June 2022, the State Administration for Market Regulation...more
Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body. ...more
11/23/2021
/ Administrative Authority ,
Anti-Competitive ,
Anti-Monopoly ,
Antitrust Provisions ,
Cartels ,
China ,
Competition ,
Corporate Sales Transactions ,
Enforcement Priorities ,
Merger Controls ,
Monopolization ,
Price-Fixing ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Resale Pricing ,
State Administration for Market Regulation (SAMR)
On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward...more
12/3/2019
/ Anti-Monopoly ,
Antitrust Provisions ,
Antitrust Violations ,
Comment Period ,
Corporate Counsel ,
Illegal Conduct ,
Incentive Awards ,
Monopolization ,
Public Comment ,
Rulemaking Process ,
State Administration for Market Regulation (SAMR) ,
Whistleblowers ,
Willful Misconduct
In the last week of June 2019 a copy of a groundbreaking court ruling emerged on social media in China – the order by the Supreme People's Court (SPC) in the Yutai case.
...more
On 1 July 2019 China's antitrust agency, the State Administration for Market Regulation (SAMR), made public three sets of regulations to implement the Anti-Monopoly Law (AML).
...more
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
On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price...more
7/25/2018
/ Anti-Competitive ,
Anti-Monopoly ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
China ,
Corporate Counsel ,
Price-Fixing ,
Regulatory Oversight ,
Shipping ,
Single Entity Rule
On 14 August 2017, the National Development and Reform Commission ("NDRC") released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients ("Draft...more
FTC takes another look at merger remedies -
On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more
2/23/2017
/ Africa ,
Anti-Monopoly ,
Antitrust Provisions ,
Best Practices ,
Cartels ,
China ,
COMESA ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Extradition ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Hong Kong ,
Human Resources Professionals ,
Hungary ,
INTERPOL ,
Merger Controls ,
Mexico ,
MOFCOM ,
NRDC ,
PEMEX ,
Pharmaceutical Industry ,
Pre-Merger Filing Requirements ,
Railways ,
Red Notices ,
Regulatory Oversight ,
Remedies ,
Resale Pricing ,
Retail Market ,
Settlement ,
Transportation Industry ,
Trump Administration ,
UK