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China Antitrust and Competition Update (2024 Q2)
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China Antitrust and Competition Update (2024 Q1)1
In the first quarter of 2024, the State Council rolled out the revised “Rules on Anti-monopoly Filing Thresholds for Concentration of Undertakings”, which increased the PRC merger filing thresholds significantly; the Anti-Monopoly and Anti-Unfair Competition Committee of the State Council introduced the “Guidelines on Anti-Monopoly for Industry Associations”; the State Ad 北京市朝阳区金和东路 20 号院正大中心 3 号南塔 22-31 层 邮编：100020 22-31/F, South Tower of CP Center, 20 Jin He East Avenue, Chaoyang District,...
中国企业出海投资系列法律指南：沙特篇
一、沙特投资优势 沙特已连续多年保持中国在西亚非洲地区最大贸易伙伴国的地位，是中国在中东地区首个千亿美元级贸易伙伴。2022年，中沙两国签署《中华人民共和国和沙特阿拉伯王国全面战略伙伴关系协议》及司法、教育、能源、投资、新闻等领域合作协议，落实“一带一路”倡议和沙特“2030愿景”对接，推动两国关系更加深入发展。 沙特提出的“2030愿景”（Saudi Arabia's Vision 2030），旨在摆脱以石油为依赖的经济结构，寻求经济多元化、可持续发展。为此，沙特公布国家投资战略、金融科技战略、国家知识产权战略、国家工业战略等一系列战略，激励全球投资者投资沙特能源矿产、交通运输、信息通讯、医疗卫生、生命科学、工业制造、金融服务、基础设施等领域，并在2030年以前投入超过3.2万亿美元资金支持经济转型。同时，沙特完善投资法律制度，开放特区和自由经济区，积极投资基础设施建设，持续改善营商环境，为外国投资者提供广阔的发展空间。 二、沙特外资准入规定...
China Antitrust and Competition 2023-24 Highlights: Review and Prospect
Find out more about Lexology or get in touch by visiting our About page. Register To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . China February 5 2024 China Antitrust and Competition 2023-24 Highlights: Review and Prospect1 In 2023, we observed a series of noteworthy shifts and advancements in China’s antitrust and competition landscape.
2023年中国反垄断立法、执法和司法年度盘点
过去一年，多部《反垄断法》配套规章正式实施，行政执法和司法活动也成果颇丰，国家市场监督管理总局全面推动企业反垄断/竞争合规工作进一步踏入深水区。时值岁末年初，我们结合既往的办案经验和分享交流，对中国反垄断2023年立法执法若干重点和亮点进行盘点，供企业开展反垄断合规工作参考。 1、《反垄断法》实施十五周年：配套规章加快落地，法规体系更加完善 2023年是《反垄断法》实施十五周年暨修订一周年。《反垄断法》自实施以来，全国依法查处各类垄断案件339件，罚没金额379亿元，审结经营者集中案5,409件，公平竞争市场秩序稳步向好，反垄断在经济社会发展中的地位和作用更加凸显。[1]...
China
Market Intelligence Published December 2023 Lexology GTDT: Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world. Through engaging, easily comparable interviews, the series provides the legal profession's thought leaders with a platform for sharing their views on current market conditions and developments in the law.
China Antitrust and Competition Update (2023 Q3)
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中国企业投资东盟系列法律指南：印尼篇
一、印尼投资优势 中国和印尼自1990年恢复外交关系以来，双边经贸合作全面发展，尤其是近年来中国和印尼在贸易、投资和工程承包等领域合作发展迅猛，中国已连续多年成为印尼第一大贸易伙伴、第二大直接投资来源国。印尼具有全球22%的镍储量、16%的锡储量、5%的黄金储量、3.2%的铝储量、3%的铜储量，同时还是全球最大的动力煤出口国。其丰富的自然资源和延伸出的加工制造产业链吸引了大量中国投资者。 近年来，印尼通过逐步放宽投资领域、完善投资一站式服务、推出税收优惠政策等方式改善本国投资环境，吸引外商投资。2021年2月，印尼政府颁布了包含《新投资清单》的《投资与业务领域第10号总统令》，将原先以“负面清单”为主的外资准入管理模式替换为以“鼓励投资清单”为主的外资准入管理模式，进一步减少了外商投资限制。2021年5月，印尼政府颁布了《第49号总统令》，进一步调整了外商投资的限制范围，也反映出印尼投资市场进一步开放的趋势。 二、印尼外资准入规定...
China Antitrust and Competition Update (2023 Q2)
During the second quarter of 2023, China has prioritized its antitrust legislation in areas such as anti-abuse of intellectual property rights, merger control, fair competition review to promote innovation, streamline merger review, and tackle misconduct of trade associations, local protectionism and other government market interventions, by releasing a number of implementing rules, antitrust guidelines and exposure drafts under the Anti-Monopoly Law (“AML”).
Antitrust v2.0 - What Multinational Companies Should Know About China’s Amended Anti-monopoly Law
To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . In recent years, China has reinforced its antitrust regime by enhancing the status of its antitrust authority, promoting new legislation and strengthening enforcement. This trend is consistent with similar efforts in other major antitrust jurisdictions such as the U.S. and the EU.
China Adopts Special Law Dealing with Foreign Relations
On June 28, the Standing Committee of National People’s Congress in China adopted the Law on Foreign Relations of the People's Republic of China ("Foreign Relations Law" or "FRL"), which came into force on July 1, 2023. As China’s first fundamental legislation dealing with foreign relations and its latest efforts to upgrade measures for the purpose of national security, the FRL may have profound implications for multinational companies operating in China and their transactions with China nexus.
双翮临长风--《经营者集中反垄断合规指引（征求意见稿）》亮点解读 - Lexology
序言 2023年6月19日，国家市场监督管理总局（“总局”）发布《经营者集中反垄断合规指引（征求意见稿）》（下称“《指引》”），以期指导企业开展经营者集中反垄断合规工作，进一步提高企业反垄断合规意识。此前，《反垄断法》修正案（下称“新《反垄断法》”）和《经营者集中审查规定》（下称“《审查规定》”）等配套法规已分别于2022年8月1日和2023年4月15日生效（请见扬帆采石华——《反垄断法》四部配套新规，深度解读十问十答；新《反垄断法》配套新规解读系列：经营者集中申报标准规定与审查规定（征求意见稿）亮点简析）。 《指引》分为总则、经营者集中审查制度主要规定、重点合规风险、合规风险管理、合规管理保障和附则共六章、35条。从效力上看，《指引》仅对经营者集中反垄断合规提供一般性指导，不具有强制性；但从内容上看，《指引》从各方面对经营者集中合规要点进行了全面、清晰的梳理，料将成为各企业开展经营者集中反垄断合规工作的实用“操作指南”。本文结合《指引》对现行规定的阐释以及相应的合规指导，对其中六大亮点进行解读，协助企业更好把握经营者集中反垄断合规风险管理和合规建设的重点： 1.
Pitfalls for Multinationals in Doing Research Activities in China
China has recently heightened its regulatory enforcement against research and information collection activities within the country. As part of this initiative, Chinese security authorities investigated into a number of entities and individuals in the past couple of months, including detaining a Japanese executive from Astellas Pharma Inc.
China Antitrust and Competition Update (2023 Q1)
Preface Overview During the first quarter of 2023, the State Administration for Market Regulation ("SAMR") promulgated a series of rules implementing the amended Anti-Monopoly Law, and the Supreme Court advocated for the accelerating promulgation of judicial interpretations on the Anti-monopoly Law and Anti-unfair Competition Law.
An Interview with Zhong Lun Law Firm discussing Cartels in China
Frank Jiang is a partner at Zhong Lun. Frank specialises in antitrust, national security reviews and M&A, and has worked on 120+ antitrust, corporate and commercial matters in a variety of industries for many multibillion-dollar corporations and household names. Frank acted as a lead competition counsel in a number of high-profile investigations, cases and projects and has authored dozens of antitrust and competition articles and publications, and actively participated in the legislation process.
China’s Cybersecurity Review Regime: Framework and Latest Trends
On 31 March 2023, the Cybersecurity Administration of China (“CAC”) made a formal announcement[1] regarding the initiation of a cybersecurity review procedure aimed at scrutinizing the products distributed in China by Micron Technology Inc. (“Micron”). CAC’s official statement explicitly clarifies that this review aims at preserving the supply chain security for critical information infrastructure (“CII”) so to mitigate hidden risks and safeguard national security.
China Data Export Compliance Update - China SCC | Answers to 20 Practical Questions
China Data Export Compliance Update – China SCC | Answers to 20 Practical Questions[1] The Measures Governing the Standard Contract for Outbound Transfer of Personal Information ("SCC Measures") and its attachment— the Standard Contract for the Outbound Transfer of Personal Information (“China SCC" or the “SCC”) were released by the Cyberspace Administration of China (“CAC”) on February 24, 2023. They will take effect on June 1, 2023.
China antitrust highlights: 2022 year in review
China Antitrust Highlights: 2022 Year in Review1 2022 witnessed China’s continued efforts to promote antitrust and competitive legislative and enforcement activities in various respects.
An interview with Zhong Lun Law Firm discussing Digital Transformation in China
This article is an extract from GTDT Market Intelligence Digital Transformation 2022. Click here for the full guide. 1 What are the key features of the main laws and regulations governing digital transformation in your jurisdiction? Digital transformation (DT) activities in China are subject to a myriad of laws and regulations.
Year in review: a general introduction to merger control issues in China
All questions Introduction As the largest marketplace and manufacturing base worldwide, China is fertile ground for international merger and acquisition (M&A) activities despite the changing trade climate and continued global impact of covid-19. The implementation of the Foreign Investment Law and further streamlining of business administrative rules have enabled foreign businesses to navigate on a more level, transparent and predictable business environment.
Spotlight: the merger control regime in China
All questions Introduction As the largest marketplace and manufacturing base worldwide, China is fertile ground for international merger and acquisition (M&A) activities despite the changing trade climate and continued global impact of covid-19. The implementation of the Foreign Investment Law and further streamlining of business administrative rules have enabled foreign businesses to navigate on a more level, transparent and predictable business environment.
Managing the China competition aspects of global M&A
This article is taken from GTDT Practice Guide: China M&A. Click here for the full guide. Introduction As the world’s largest marketplace and manufacturing base, China is fertile ground for international M&A activity, despite the changing trade climate and the global impact of covid-19.
Managing the China Competition Aspects of Global M&A | Lexology
Introduction As the largest marketplace and manufacturing base worldwide, China is fertile ground for international M&A activity. Despite the recent trade climate and global impact of covid-19, China has continued its initiatives to further open up and reform its economy.
China Signals VIE No Longer an Obstacle in Merger Filing
By Frank Jiang, Scott Yu & John Jiang (Zhong Lun)1 I. Introduction This July, the Chinese antitrust authority (State Administration for Market Regulation, “SAMR”) unconditionally cleared a joint venture between Yum China and Mininglamp involving a VIE structure (“M/H”),2 the first of its kind since the conditional clearance of Walmart’s acquisition of Yihaodian in 20123 and marks a milestone for future VIE filings.
What You Should Know About China’s New Unreliable Entity List Provisions | Lexology
On September 19, 2020, the Ministry of Commerce of the People’s Republic of China (MOFCOM) unveiled the long-awaited Provisions on Unreliable Entity List (“UEL Provisions”) with immediate effect. It is viewed as the Chinese version of the Entity List to institutionalize Chinese government’s power to take more targeted countermeasures in response to the escalation of US's export control and sanctions.
中国优化反垄断执法支持疫情防控和复工复产 - Lexology
2020年3月11日，世界卫生组织正式将新型冠状病毒疫情（COVID-19）评估为“大规模流行病（Pandemic）”[1]。各国政府为此采取了一系列措施应对新冠疫情导致的公共卫生和经济危机 [1] 参见世界卫生组织官方网站，访问地址：https://www.who.int/news-room/detail/08-04-2020-who-timeline---covid-19。
SAMR Optimizes Antitrust Enforcement to Mitigate COVID-19 Pandemic | Lexology
The World Health Organization officially declared COVID-19 a pandemic on March 11,[1] and the total confirmed infection cases worldwide had exceeded 1.43 million by April 9[2]. Chinese and foreign governments have introduced a slew of draconian restrictions as well as supportive measures to address the public health and economic crisis. Antitrust/competition authorities in many jurisdictions are also fine-tuning their enforcement mechanisms to respond to the new and challenging circumstances.
World Law Group (WLG) 2020 Merger Control Guide | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Managing the China Competition Aspects of Global M&A | Lexology
Introduction As the largest marketplace and manufacturing base worldwide, China is fertile ground for international M&A activity. Despite the recent trade climate, China has introduced initiatives to further open up and reform its economy. The promulgation of the Foreign Investment Law2 may herald an era in which foreign businesses can navigate in a more level-playing, transparent and predictable business environment.
Shanghai Issues Local Antitrust Compliance Guide | Lexology
On December 26, 2019, the Shanghai Administration for Market Regulation (“Shanghai AMR”) published the Shanghai Anti-Monopoly Compliance Guide for Business Operators (“Shanghai Guide”) for enterprises in Shanghai. This is the latest initiative at provincial level as encouraged by State Administration for Market Regulation (“SAMR”) in its national exposure draft of the Antitrust Compliance Guidelines for Undertakings (“Draft SAMR Guidelines”, published for comments on November 28, 2019).
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