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
Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more
The Development: After an interruption during the COVID-19 pandemic, authorities across the Asia-Pacific region have fully revived dawn raids....more
6/7/2024
/ Anti-Bribery ,
Antitrust Violations ,
Asia Pacific ,
China ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Dawn Raids ,
Enforcement Actions ,
Enforcement Authority ,
Financial Markets ,
Global Disputes ,
Investigations ,
Penalties ,
Popular ,
White Collar Crimes
Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....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
The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently released two rules to update export controls on advanced semiconductors, semiconductor development and production, and items that support...more
In Short -
The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and...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 2022, anti-money laundering ("AML") and sanctions controls were at the center of regulatory and enforcement activities in the United States and abroad. Globally, governments have continued to recognize the impact of AML...more
The State Administration for Market Regulation's ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under...more
In Short -
The Situation: The U.S. Department of Commerce ("Commerce") recently published a proposed rule to implement the Creating Helpful Incentives to Produce Semiconductors ("CHIPS") Act, a domestic manufacturing...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
In Short -
The Situation: On October 7, 2022, the U.S. government announced new regulations aimed at restricting China's ability to manufacture advanced semiconductors, obtain advanced computing chips, and develop and...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
2021 was a precedent-setting year for anti-money laundering (“AML”) enforcement and legislation. The digital assets industry continued to grow exponentially, driving the associated AML risks to the forefront of regulatory...more
3/10/2022
/ AML/CFT ,
Anti-Money Laundering ,
BSA/AML ,
Corruption ,
Cryptoassets ,
Economic Sanctions ,
Financial Crimes ,
FinCEN ,
Justice Against Sponsors of Terrorism Act (JASTA) ,
Terrorist Financing Regulations ,
Virtual Currency
The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more
11/10/2021
/ China ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements
The PIPL imposes extensive obligations on organizations and individuals engaged in "handling" of personal information, which is defined to include "collection, storage, use, processing, transmission, provision, disclosure,...more
9/10/2021
/ China ,
Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Regulatory Reform ,
Regulatory Requirements
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 U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more
8/25/2021
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Conflicts of Laws ,
Economic Sanctions ,
Exports ,
Foreign State Compulsion Doctrine ,
Multinationals ,
Price-Fixing ,
Sherman Act
The Situation: As part of a series of recent executive actions regarding the People's Republic of China ("PRC"), President Biden issued a new executive order on June 3, 2021—Executive Order 14032—that refines novel sanctions...more
6/30/2021
/ Biden Administration ,
China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Prohibited Transactions ,
Securities Transactions ,
Supply Chain
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 Bureau of Industry and Security ("BIS") has established a "Military End-User" List ("MEU List"), adding an initial tranche of Chinese and Russian entities to the list.
On December 23, 2020, BIS issued a final rule...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