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New Implementing Regulations of China’s Anti-Monopoly Law: Highlights and Implications

Following last year’s significant amendments to the PRC Anti-Monopoly Law (2022 AML) the State Administration for Market Regulation (SAMR) has published final versions of the accompanying implementing regulations. Taking...more

The beginning of a new era: China amends its antitrust code for the first time

Amendments to China’s Anti-Monopoly Law, together with proposed revisions to various implementing regulations, are set to make substantial changes to both SAMR’s antitrust procedures and its substantive assessments. Key...more

Proposed Amendments to the Anti-Monopoly Law: China further confirms its intention to strengthen its antitrust rules

China has made no secret that it intends to reinforce its antitrust regime. Multiple guidelines have been recently issued and enforcement mainly (but not only) against internet companies has substantially increased. ...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

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

4/4/2017  /  Anti-Monopoly , China , MOFCOM , NDRC , SAIC , SIPO

Antitrust in China: 2016 highlights and an outlook on 2017

The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in...more

3/1/2017  /  Anti-Monopoly , China , Competition , MOFCOM , NDRC , Popular

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

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

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