Fierce Competition Podcast | Below-Threshold Mergers: Global Antitrust Scrutiny
This monthly report outlines key developments in China’s antitrust sector for May. The following events merit special attention...more
In March 2025, the Beijing Intellectual Property Court issued a landmark ruling—the first case in which a filing party challenged a merger decision by the State Administration for Market Regulation (“SAMR”) through judicial...more
This monthly report outlines key developments in China’s antitrust sector for April. The following events merit special attention...more
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
Even if U.S.-China relations become less predictable after President-elect Trump returns to office, we expect that China’s merger control authority, SAMR, will continue to review and approve most deals, including those...more
In this episode of "Fierce Competition," Skadden antitrust attorneys Niels Baeten, Joseph Rancour and Julia Zhu delve into merger enforcement, focusing on transactions that fall below regulatory thresholds but are still...more
On 18 June 2024, the State Administration for Market Regulation (SAMR), which includes the State Anti-Monopoly Bureau, released the China Antitrust Law Enforcement Annual Report (2023) (the “Report”). This article provides...more
On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1. According to the Regulation, administrative agencies and...more
On January 26, 2024, the State Council of China published the “Regulations of the Filing Threshold for Operators’ Concentration (2024 Revision)” (the “New Filing Threshold”), which took effect on the same day. This amendment...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
Looking back on the year 2023, this alert aims to give an update on the state of play in Chinese merger control. In particular, it looks at how merger control has evolved since China’s main antitrust statute – the...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
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....more
Antitrust authorities continued their aggressive campaign against procedural merger control infringements in 2022. A total of EUR113.8m fines were imposed in 70 decisions across the jurisdictions surveyed....more
China’s SAMR published a draft amendment to the Anti-Unfair Competition Law, which overhauls the commercial bribery provisions for giving, instructing, and accepting bribes. Key Points: In summary, the proposed commercial...more
On 22 November 2022, China's State Administration for Market Regulation ("SAMR") released the Draft Amendments to the Anti-Unfair Competition Law ("Draft AUCL Amendments"). Enacted in 1993 (and subsequently amended in 2017...more
China’s merger clearance authority plays a critical role in global M&A, even for deals that have few obvious ties to China. Particularly in the technology area, China is often the last hurdle to clear. Moreover, unlike those...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
The proliferation of U.S. sanctions and other regulations affecting cross-border transactions has implications for directors, who may be personally liable for violations in some cases. Meanwhile, the Securities and Exchange...more
After two years of public consultation and two readings at the National People’s Congress, the first amendment to the Anti-Monopoly Law of the People’s Republic of China (PRC) has been promulgated under the spirit of...more
Am 24. Juni 2022 verabschiedete der Ständige Ausschuss des Nationalen Volkskongresses Chinas die Überarbeitung des Antimonopolgesetzes ("AMG"). Das überarbeitete AMG wird am 1. August 2022 in Kraft treten, und es ist davon...more
The AML reform brings about significant changes to Chinese merger control. Modifications to the notification thresholds and clarifications on the “controlling right” concept may lead to fewer filings being required. At the...more
There are relatively few changes in the draft regulations implementing the revised Anti-Monopoly Law in the areas of abuse of dominance, abuse of IPRs, and abuse of administrative powers. While mainly platform operators are...more
The draft Regulation Prohibiting Monopoly Agreements is a key part of the Anti-Monopoly Law reform package. While the expansion of the cartel prohibition to include third parties may not come as a surprise, the introduction...more