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
On January 14, 2025, China's State Administration for Market Regulation ("SAMR"), the primary regulatory agency in China for overseeing market supervision, issued its Compliance Guidelines for Health Care Companies to Prevent...more
1/30/2025
/ Anti-Corruption ,
Bribery ,
China ,
Corporate Governance ,
Enforcement Actions ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management
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
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
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 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 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
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 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 Ningbo Intermediate People's Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron...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 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
China's State Administration for Market Regulation ("SAMR") recently released three new antitrust regulations that consolidate the antimonopoly regulations of its predecessor antimonopoly enforcement agencies, but also...more
In its first resale price maintenance ("RPM") ruling since the passage of its Anti-Monopoly Law, China's highest court held that Chinese antitrust enforcement agencies do not have to prove that RPM has an anticompetitive...more
8/8/2019
/ Anticompetitive Behavior ,
Antitrust Provisions ,
China ,
Competition ,
Enforcement Actions ,
Monopolization ,
Resale Price Maintenance (RPM) ,
Rule-of-Reason Analysis ,
State Administration for Market Regulation (SAMR) ,
Supreme People's Court of China ,
Vertical Agreement
The Background: Over the first decade of China's Antimonopoly Law ("AML"), there has been a divergence between the approaches adopted by the Chinese antimonopoly enforcement agencies ("AMEAs") and the Chinese courts toward...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
6/6/2018
/ Anti-Monopoly ,
Antitrust Violations ,
China ,
Competition ,
Manufacturers ,
Medtronic ,
Monopolization ,
NDRC ,
Price-Fixing ,
Regulatory Agenda ,
SAIC
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
5/22/2018
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Division ,
China ,
Competition Authorities ,
Enforcement Actions ,
Mergers ,
MOFCOM ,
NDRC ,
Regulatory Agencies ,
SAIC ,
State Administration for Market Supervision (SAMS)
Over the first decade of China's Antimonopoly Law, we have seen a divergence between the approaches adopted by the Chinese antimonopoly enforcement agencies and the Chinese courts towards agreements that restrain trade; what...more