The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...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)
The Anti-Monopoly Bureau of China's State Administration for Market Regulation ("SAMR") released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program...more
The Anti-Monopoly Bureau ("AMB") of China's State Administration for Market Regulation ("SAMR") recently released four sets of long-awaited anti-monopoly guidelines, including the Anti-Monopoly Guidelines on the Automobile...more
The companies were added to the Entity List for aiding Chinese military construction in the South China Sea.
Effective August 27, 2020, the Department of Commerce, Bureau of Industry and Security ("BIS") amended the Export...more
The Situation: On July 14, 2020, President Trump signed into law the Hong Kong Autonomy Act (the "HKAA"), the U.S. government's response to China's new National Security Law for Hong Kong.
The Result: The HKAA could...more
7/24/2020
/ Blocking Sanctions ,
China ,
Export Controls ,
Foreign Financial Institutions (FFI) ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Supply Chain ,
Trump Administration ,
U.S. Treasury ,
US State Departments ,
US Trade Policies
The Development: China's State Administration for Market Regulation ("SAMR") fined three suppliers of active pharmaceutical ingredients ("API") for injectable calcium gluconate a total of RMB 325.5 million (approximately...more
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
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
5/22/2018
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Division ,
China ,
Competition Authorities ,
Enforcement Actions ,
Mergers ,
MOFCOM ,
NDRC ,
Regulatory Agencies ,
SAIC ,
State Administration for Market Supervision (SAMS)
Over the first decade of China's Antimonopoly Law, we have seen a divergence between the approaches adopted by the Chinese antimonopoly enforcement agencies and the Chinese courts towards agreements that restrain trade; what...more
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
10/5/2017
/ Anti-Competitive ,
Anti-Monopoly ,
Cartels ,
China ,
Collusion ,
Competition Authorities ,
Manufacturers ,
NDRC ,
New Guidance ,
Price-Fixing ,
Social Media