Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson
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
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
Once considered non-arbitrable, competition law disputes between private parties are increasingly being resolved by arbitration. Even where competition law issues are not at the heart of the dispute, parties are becoming...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
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
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
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
This month, important amendments to the Chinese Anti-Monopoly Law (AML) came into force. Implementing regulations are now being finalized which will provide further detail on each set of changes.1 The Chinese antitrust...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
On 24 June 2022, the Standing Committee of China’s National People’s Congress passed the revision of the Anti-Monopoly Law (“AML”). One working day later, on 27 June 2022, the State Administration for Market Regulation...more
China’s first amendment to its Anti-Monopoly Law will impact merger filings and anti-monopoly enforcements. The amended law grants the enforcement authority the power to suspend the review of merger control cases....more
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
On August 1, 2022, long-awaited amendments to China’s Anti-Monopoly Law — the first ever — will go into effect. These amendments include significantly harsher penalties and fines for certain violations, modifications to the...more
Amendments to China’s Anti-Monopoly Law, together with proposed revisions to various implementing regulations, are set to make substantial changes to both SAMR’s antitrust procedures and its substantive assessments. Key...more
Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body. ...more
China has made no secret that it intends to reinforce its antitrust regime. Multiple guidelines have been recently issued and enforcement mainly (but not only) against internet companies has substantially increased. ...more
Companies doing business in China need to anticipate stricter anti-cartel enforcement in the near future. Recently released legislative plans suggest an amendment of the Anti-Monopoly Law is on its way. ...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
September 1, 2019 may be seen as a new starting point for the enforcement of China’s antitrust and competition laws. On this date, three new sets of rules and regulations (the “Three New Regulations”) took effect, which were...more