The French National Assembly has passed a bill intended to promote the use of class actions in line with the new EU Representative Actions Directive....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
As described in the first White Paper in this series on internal investigations, "Conducting an Effective Internal Investigation—An Overview," corporations are under increased scrutiny by regulators across the globe, and as a...more
In Short -
The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the...more
With developments in the investigations field, including the ongoing expansion of this field internationally, companies face an unprecedented level of scrutiny from outside parties, including government agencies, and are...more
The Committee on Foreign Investment in the United States ("CFIUS") has released its first-ever enforcement and penalty guidelines—putting industry on notice and inviting self-disclosures....more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
On September 15, 2022, President Biden issued an EO "elaborating and expanding" upon the factors CFIUS must consider as part of its national security review process. Although the EO does not change the formal CFIUS process or...more
Overview of the FSR -
The Treaty on the Functioning of the European Union ("TFEU") prohibits any form of public financial support selectively granted to businesses that distorts competition, absent an exception. The EU's...more
7/13/2022
/ Competition ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Public Procurement Policies ,
Regulatory Reform ,
Regulatory Requirements ,
Treaty on the Functioning of the European Union (TFEU)
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
2020 witnessed a flurry of anti-money laundering activity, with the issues and developments continuing to be global in scope. In the United States, suspicious activity reports, outlining transactions involving terrorism...more
This Jones Day Global Merger Control Update highlights significant changes in merger control regimes in 2020. In this Update, we review: (i) changes in Australia, Belgium, Botswana, Bulgaria, Ecuador, France, Germany,...more
2/1/2021
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Merger Controls ,
Mergers ,
New Rules ,
Notification Requirements ,
Public Comment ,
Rulemaking Process ,
Vertical Mergers
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 of China's State Administration for Market Regulation ("SAMR") released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program...more
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
Welcome to the 2019 edition of the Jones Day Anti-Corruption Regulation Survey of Select Countries. Since the 2017–2018 edition of this Survey, there has continued to be an increasing awareness among multinational companies...more
11/6/2019
/ Anti-Bribery ,
Anti-Corruption ,
Chief Compliance Officers ,
Compliance ,
Compliance Management Systems ,
Corporate Counsel ,
Corporate Governance ,
Corporate Management ,
Due Diligence ,
Risk Management ,
White Collar Crimes
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)