China has recently taken several actions showing its commitment to counter trade restrictions imposed by other countries. In March 2025, it released regulations implementing the 2021 Anti-Foreign Sanctions Law. In tandem with...more
4/14/2025
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Foreign Policy ,
Foreign Relations ,
International Trade ,
Multinationals ,
National Security ,
Regulatory Requirements ,
Trade Relations
China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025. The Guidelines provide a comprehensive framework for the State Administration for Market...more
2/3/2025
/ Acquisition Agreements ,
Anti-Monopoly ,
Antitrust Provisions ,
China ,
Competition ,
Enforcement Actions ,
Healthcare ,
Life Sciences ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
Monopolization ,
Pharmaceutical Industry ,
Resale Price Maintenance (RPM) ,
State Administration for Market Regulation (SAMR) ,
Unfair Competition
The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more
7/18/2024
/ Anti-Monopoly ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
China ,
Competition ,
Corporate Counsel ,
Judicial Interpretation ,
Popular ,
Regulatory Reform ,
Risk Assessment
Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more
The Development: After an interruption during the COVID-19 pandemic, authorities across the Asia-Pacific region have fully revived dawn raids....more
6/7/2024
/ Anti-Bribery ,
Antitrust Violations ,
Asia Pacific ,
China ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Dawn Raids ,
Enforcement Actions ,
Enforcement Authority ,
Financial Markets ,
Global Disputes ,
Investigations ,
Penalties ,
Popular ,
White Collar Crimes
Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....more
China doubled its merger notification thresholds effective on January 26, 2024.
China's State Council recently published new merger control notification thresholds doubling the previous China revenue thresholds in an...more
The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently released two rules to update export controls on advanced semiconductors, semiconductor development and production, and items that support...more
The Development: China's State Administration for Market Regulation ("SAMR") recently released four regulations ("Regulations") that implement 2022 amendments to the Anti-Monopoly Law of China ("AML"). The most significant...more
The State Administration for Market Regulation's ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under...more
In Short -
The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more
2/7/2023
/ Anti-Monopoly ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Automotive Industry ,
China ,
Competition ,
Enforcement Actions ,
General Motors ,
Monopolization ,
Motor Vehicles ,
Resale Price Maintenance (RPM) ,
Retail Market ,
Supreme People's Court of China
In Short -
The Situation: On October 7, 2022, the U.S. government announced new regulations aimed at restricting China's ability to manufacture advanced semiconductors, obtain advanced computing chips, and develop and...more
In late June 2022, the 13th National People’s Congress Standing Committee adopted the First Amendments to China’s Anti-Monopoly Law (“AML”). The amendments will take effect on August 1, 2022. Although the First Amendments to...more
The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more
11/10/2021
/ China ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements
The PIPL imposes extensive obligations on organizations and individuals engaged in "handling" of personal information, which is defined to include "collection, storage, use, processing, transmission, provision, disclosure,...more
9/10/2021
/ China ,
Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Regulatory Reform ,
Regulatory Requirements
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
8/27/2021
/ China ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Foreign Official ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular
The U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more
8/25/2021
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Conflicts of Laws ,
Economic Sanctions ,
Exports ,
Foreign State Compulsion Doctrine ,
Multinationals ,
Price-Fixing ,
Sherman Act
The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more
6/30/2021
/ Biden Administration ,
China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Prohibited Transactions ,
Securities Transactions ,
Supply Chain
The Development: China's National People's Congress passed the Anti-foreign Sanctions Law (the "Anti-Sanctions Law") on June 10, 2021, which took effect immediately. The legislation was adopted by China in response to certain...more
The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more
In August 2020, the Anti-Monopoly Bureau of China's State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile...more
10/26/2020
/ Administrative Authority ,
Anti-Competitive ,
Anti-Monopoly ,
Antitrust Provisions ,
China ,
Competition ,
Corporate Counsel ,
Monopolization ,
New Regulations ,
Regulatory Standards ,
Standard Essential Patents ,
State Administration for Market Regulation (SAMR)
The Anti-Monopoly Bureau ("AMB") of China's State Administration for Market Regulation ("SAMR") recently released four sets of long-awaited anti-monopoly guidelines, including the Anti-Monopoly Guidelines on the Automobile...more
The companies were added to the Entity List for aiding Chinese military construction in the South China Sea.
Effective August 27, 2020, the Department of Commerce, Bureau of Industry and Security ("BIS") amended the Export...more
The Situation: On July 14, 2020, President Trump signed into law the Hong Kong Autonomy Act (the "HKAA"), the U.S. government's response to China's new National Security Law for Hong Kong.
The Result: The HKAA could...more
7/24/2020
/ Blocking Sanctions ,
China ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Supply Chain ,
Trump Administration ,
U.S. Treasury ,
US State Departments ,
US Trade Policies
The Development: China's State Administration for Market Regulation ("SAMR") fined three suppliers of active pharmaceutical ingredients ("API") for injectable calcium gluconate a total of RMB 325.5 million (approximately...more