News & Analysis as of

National Development and Reform Commission

Skadden, Arps, Slate, Meagher & Flom LLP

China's Antitrust Regulator Ramps Up Scrutiny, Enforcement of Behavioral Remedies

In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China....more

Mintz Edge

Issues in Chinese Foreign Direct Investment in U.S. Early Stage Biotechnology Companies

by Mintz Edge on

There has been a marked increase in the amount of money being invested by Chinese investors into U.S. early stage biotechnology companies since 2017, spurred on by direct encouragement from Beijing through its Made in China...more

K&L Gates LLP

If at First You Don’t Succeed, Yutai Again: Yutai Seeks Clarity from Chinese High Court on Resale Price Maintenance Divergence

by K&L Gates LLP on

Today, product manufacturers doing business in China face uncertainty with regard to resale price maintenance (“RPM”). For more than five years, the National Development and Reform Commission (“NDRC”) and Chinese courts have...more

Cooley LLP

Alert: China’s Government Issues New Negative List for Foreign Investment

by Cooley LLP on

On 28 June, 2018, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly issued the Special Administrative Measures on Access to Foreign...more

Jones Day

China Simplifies "Negative List" in Further Easing of Foreign Investment Restrictions

by Jones Day on

The Situation: The Negative List is a list of industries for which foreign investment in China is either prohibited, or subject to greater scrutiny and restrictions. The Development: Chinese authorities have issued a...more

Skadden, Arps, Slate, Meagher & Flom LLP

China’s Antitrust Regime: Retooled, Retrenched and (Potentially) Ready for Battle

China has introduced a plan to restructure some of its key governmental institutions, including the operations of its three antitrust enforcement agencies. The new scheme, announced in March 2018, for the first time...more

K&L Gates LLP

Resale Price Maintenance in China: One Country, Two Systems

by K&L Gates LLP on

At first blush, Article 14 of the 2007 Anti-Monopoly Law of the People’s Republic of China (“AML”) appears straightforward — resale price maintenance (“RPM”) is strictly prohibited in China. Not so fast....more

Jones Day

Combination of China's Three Antitrust Enforcement Agencies May Bring More Aggressive Enforcement Over Long Run

by Jones Day on

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

Jones Day

China Establishes State Administration for Market Regulation to Integrate Antitrust Enforcement

by Jones Day on

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

Shearman & Sterling LLP

China’s Intervention Against Vertical Agreements

by Shearman & Sterling LLP on

On December 9, 2016, the PRC National Development and Reform Commission (NDRC) handed down its decision against medical device company Medtronic for having concluded and implemented a vertical monopoly agreement by...more

White & Case LLP

China Merges Antitrust Enforcement Agencies into One, as its Anti-monopoly Law Approaches 10th Anniversary

by White & Case LLP on

China has taken a significant step toward concentrating all antitrust regulation and enforcement in one agency, the State Administration for Market Supervision (SAMS). On March 17, 2018, China's National People's Congress...more

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

Allen & Overy LLP

An Update of China’s Control over Outbound Investments

by Allen & Overy LLP on

China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for...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

Latham & Watkins LLP

Environmental Protection is Enshrined as Official Ideology in China Amid Major Reforms

by Latham & Watkins LLP on

President Xi announces a comprehensive, 14-point reform policy that has long-term implications for companies with business interests in China. Key Points: ..President Xi Jinping has formalized a national commitment to...more

Jones Day

Chinese Competition Authority Imposes Fines for Price-Fixing Involving Industry Associations

by Jones Day on

In Short - The Situation: In early September, three local Chinese chemical manufacturers received penalty notices from China's National Development and Reform Commission ("NDRC") for attending an association conference,...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

Hogan Lovells

China proposes new rules to address perceived anti-competitive practices in the pharmaceutical industry

by Hogan Lovells on

On 14 August 2017, the National Development and Reform Commission ("NDRC") released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients ("Draft...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

Ropes & Gray LLP

NDRC’s Probe of the Foreign Finance Sector May Signal Increased Antitrust Enforcement Risks Related to SSA Market and Beyond

by Ropes & Gray LLP on

Recent press reports in China have indicated that China’s National Development and Reform Commission (NDRC), one of China’s three antitrust regulators, is launching an inquiry into firms in the foreign finance sector to...more

Latham & Watkins LLP

Belt and Road Forum Positions China as Leading Proponent of Global Trade

by Latham & Watkins LLP on

Leaders from around the world, including 20 heads of state, attended the Belt and Road Forum for International Cooperation in Beijing on March 14-15. The attendees at the forum agreed on guiding principles for the initiative,...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

WilmerHale

NDRC’s Briefing Meeting on Increased Openness to Foreign Investment

by WilmerHale on

The US-China Business Council (USCBC) hosted a meeting on March 13, 2017, with the Foreign Investment Department of the National Development and Reform Commission (NDRC). Deputy Director General LIU Hongkuan (Mr. Liu) and...more

Allen & Overy LLP

Antitrust in China: 2016 highlights and an outlook on 2017

by Allen & Overy LLP on

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

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Privacy Officer
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10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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