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
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
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: 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
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
Background -
Recent supply disruptions in the semiconductor industry have highlighted the dependence of many global economies, including the EU, on imported chips manufactured in Asia....more
3/8/2022
/ Business Disruption ,
Competition ,
Coronavirus/COVID-19 ,
Domestic Industry Requirement ,
Economic Development ,
EU ,
European Commission ,
Global Economy ,
Imports ,
Infectious Diseases ,
Infrastructure ,
Innovative Technology ,
Manufacturing Facilities ,
Microchip Technology ,
Public Funds ,
Semiconductors ,
Supply Chain ,
Supply Shortages
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)
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