Fierce Competition Podcast | Below-Threshold Mergers: Global Antitrust Scrutiny
On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released a draft of the Anti-Monopoly Guidelines for the Pharmaceutical Sector (hereinafter referred to as the “AMGP”) for public comment. The AMGP...more
In an effort to prevent and curb unfair competition in the online sphere, maintain fair market competition, encourage innovation, and protect the legitimate rights and interests of businesses and consumers, the State...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 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
On June 30, 2023, China’s antitrust authority – the State Administration for Market Regulation (SAMR) – released draft guideline on standard essential patents (SEPs) for public comment. The comment period ends on July 29,...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
Following last year’s significant amendments to the PRC Anti-Monopoly Law (2022 AML) the State Administration for Market Regulation (SAMR) has published final versions of the accompanying implementing regulations. Taking...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
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
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
China is implementing multiple changes to its merger control procedures, following recent amendments to the country’s Anti-Monopoly Law. China’s Standing Committee of the National People’s Congress has amended the...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
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
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
This alert outlines the recent potentially seismic shifts in the Fintech regulatory landscape affecting the regulation and commercial business model of China’s online micro-lending company ("MLC") sector – a part of the...more