News & Analysis as of

Ministry of Commerce

Hogan Lovells

China to revamp central government and various regulators - what does it all mean?

by Hogan Lovells on

Over the past weekend, the Chinese legislature decided on a major restructuring of governmental agencies. The restructuring plan was announced by the State Council on 13 March 2018, and approved by the National People's...more

McDermott Will & Emery

China to Consolidate Antitrust Law Enforcement Power

by McDermott Will & Emery on

The Chinese government announced on March 13, 2018 that it will consolidate the duties of three competition agencies into a new government agency to handle all antitrust matters. While it is too early to tell how this...more

Beveridge & Diamond PC

What’s New with China’s Chemical Import and Export Regulatory Programs

by Beveridge & Diamond PC on

In 2017, China updated its new chemical registration program and toxic chemical import and export control program and introduced a new chemical program – chemical substances subject to prioritized control. This alert provides...more

Husch Blackwell LLP

China Launches AD/CVD Investigations Of U.S. Sorghum Imports

by Husch Blackwell LLP on

The Ministry of Commerce of China has opened antidumping and countervailing duty (AD/CVD) investigations against imports of sorghum from the United States. The action comes in response to the U.S. Department of Commerce’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Morgan Lewis

US Supreme Court to Hear International Case Involving Alleged Price Fixing

by Morgan Lewis on

Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more

WilmerHale

Policies and Regulations to Be Made Consistent With Anti-Monopoly Law

by WilmerHale on

When China enacted its Anti-Monopoly Law (AML) in 2007, some called it “China's Economic Constitution,” anticipating that it would serve as the statutory basis for fundamental market-based reform of China's economy. While...more

Allen & Overy LLP

An update on China’s control over outbound investments and remittance

by Allen & Overy LLP on

On August 18, 2017, the State Council of China issued a notice forwarding the Guiding Opinions on Further Guiding and Regulating the Direction of Outbound Investments (the Guiding Opinions) as jointly drafted by the National...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Hidden Risks of MOFCOM’s Simplified Procedure

Three years ago, China’s Ministry of Commerce (MOFCOM) introduced a simplified merger review procedure to reduce the review time for transactions that do not pose significant competitive or industrial policy concerns in...more

White & Case LLP

National security reviews 2017: A global perspective — China (Updated)

by White & Case LLP on

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

Morrison & Foerster LLP

China Imposes Further Guidelines on Chinese Outbound Investments

by Morrison & Foerster LLP on

In response to the rapid decline in China’s foreign exchange reserves in 2016, the People’s Bank of China (“PBOC”), along with the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”)...more

Hogan Lovells

The life sciences industry under the antitrust spotlight in China: two practical points

by Hogan Lovells on

The simple fact is that the Chinese antitrust regulators are determined to up their enforcement activities in the life sciences industry. Almost immediately after drug pricing was liberalised in 2015, an antitrust enforcement...more

White & Case LLP

Implications of the 2016 US Presidential Election for Trade Policy

by White & Case LLP on

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

Jones Day

Update on Chinese Outbound Investment Policies

by Jones Day on

China's State Council recently issued a new notice ("New ODI Guidelines") as a follow-up to the overseas investment control policy that it announced in December 2016. The New ODI Guidelines provide further guidance regarding...more

WilmerHale

New Policies on China's Overseas Investments

by WilmerHale on

China's State Council on August 4, 2017, promulgated the Guiding Opinions on Further Guiding and Regulating Overseas Investment (Opinions). The Opinions were jointly formulated by the National Development and Reform...more

Cooley LLP

Alert: China’s Government Issues Foreign Investment Industry Guidance Catalogue (2017 Version)

by Cooley LLP on

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) jointly issued the Foreign Investment Industry Guidance Catalogue (2017...more

Bryan Cave Leighton Paisner

Change is Coming: China Proposes New Export Control Law (IRB No. 563)

by Bryan Cave Leighton Paisner on

Export control appears to be an overlooked area in China for years. Up until now in China, more focus was placed on the import side of international trade, which provides around one-third of the total revenue for the Chinese...more

Pillsbury Winthrop Shaw Pittman LLP

China Updates New Industry Catalogue - PRC reduces regulatory procedures for foreign investments following its 2016 reforms

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more

Dentons

China to amend the merger control regime

by Dentons on

We thought you would be interested in learning about some recent developments in China's merger control rules. China launched its merger control regime in 2008 and based it on the European Union model. Those merger control...more

Patterson Belknap Webb & Tyler LLP

International Comity: Supreme Court Considers Vitamin C Price Fixing Lawsuit

On Monday, just a few days after the Justices of the Supreme Court conferred on the cert petition in the Vitamin C price fixing antitrust case, the Court asked the Acting Solicitor General to file a brief “expressing the...more

Latham & Watkins LLP

Dow/DuPont: MOFCOM Grants First Conditional Clearance of 2017

by Latham & Watkins LLP on

On 2 May 2017, China’s Ministry of Commerce (MOFCOM) announced its conditional clearance of the proposed US$130 billion all-stock merger of equals between the Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company...more

Hogan Lovells

China's draft data localisation measures open for comment

by Hogan Lovells on

On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of...more

Allen & Overy LLP

China’s Draft IPR Guidelines Reach Final Consultation Stages

by Allen & Overy LLP on

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

Hogan Lovells

Hot to trot: China's State Council orders further liberalization to turn the tide on foreign direct investment in China

by Hogan Lovells on

On 12 January 2017, China's State Council issued the Expansion of Liberalization and the Active Utilization of Foreign Investment Circular Several Measures. The State Council Liberalization Measures set out framework...more

Hogan Lovells

China opens up the securities investment fund management industry: the first in a journey of ten thousand steps?

by Hogan Lovells on

On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the...more

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Updated: May 25, 2018:

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Updates to This Policy

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