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2020 Draft Amendments to China’s Anti-Monopoly Law - 10 Key Changes
2020, Commentary Article on the Proposed Amendments to China's Anti-Monopoly Law
"More than two years after talks of plans to revise China’s Anti-Monopoly Law ('AML'), the draft amendments to the AML ('Proposed Amendments') were finally released on 2 January 2020 for public consultation. This round of public consultation follows a review process over the past few years that involved feedback from local regulators and academics, amongst others. The National People’s Congress for 2018 identified AML reforms as a legislative priority, and we expect these Proposed Amendments to ...
Authors: Mr Michael Han, Partner at Fangda Partners, and others
A Practical Review of the Draft Amendment to the Anti-Monopoly Law of China:Highlighting Six Areas with Eighteen Changes
2020, Commentary Articles on the Proposed Amendments to China's Anti-Monopoly Law
"On 2 January 2020, the State Administration for Market Regulation of China ('SAMR') released a draft of the proposed amendment to the Anti-Monopoly Law of China ('Draft Amendment') to solicit public comments from different sectors of society. It indicates that after twelve years, at the beginning of the 2020s, the Anti-Monopoly Law of China ('AML') is envisioning an overhaul.

Enacted on 30 August 2007 and implemented on 1 August 2008, the enforcement of the AML in its current form ha ...
Authors: Mr Jet Deng, Partner at Dentons; Mr Ken Dai, Partner at Dentons
Potential Impacts of the Proposed Anti-Monopoly Law
2020, Wolters Kluwer
"Since the enforcement of the Anti-Monopoly Law of the People's Republic of China ('AML') in 2008, there are many related administrative law enforcement and judicial cases occurred. From 2016 to 2018, according to public information statistics, China's AML enforcement agencies investigated and handled 334 monopoly cases, including 287 cases of horizontal monopoly agreements, 12 cases of vertical monopoly agreements, and 35 cases of abuse of dominant market positions. There were 1,207 cases ...
Authors: Ms Susan Ning, Partner at King & Wood Mallesons, and others
Fair Competition Review System in China (公平竞争审查的制度推进)
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Prof Ye gives an overview of the Fair Competition Review System (FCRS) and its implementation in China. Starting from analyzing the necessity of introducing FCRS, Prof Ye comments that it is important for China to strengthen a unified national market and supplement the rule on combating abusing of administrative power stipulated in the Anti-Monopoly Law. Prof Ye briefly talks about the Detailed Implementation Rules, the Third-Party Review Guidelines and some typical contraventions identified whe ...
Authors: Prof YE Weiping
Interaction and Cooperation Between Academia and Competition Enforcement Agencies in China – Taking Research Center of Competition Law and Policy of Shanghai Jiaotong University as an Example (中国内地学术机构与竞争执法机构的合作与互动 ─ 以上海交通大学竞争法律与政策研究中心为例)
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
In his capacity as Director of the Research Center of Competition Law and Policy of Shanghai Jiaotong University, Prof Wang speaks about the collaboration and cooperation between the Center and competition enforcement agencies in China. In a wide arrange of areas, including law review, drafting of guidelines and regulations, legal analysis for enforcement cases and research, the Center has worked closely with the national and local enforcement authorities since its establishment in 2010. Prof Wa ...
Interpretation and Application of Art.14 of the Anti-monopoly Law (反垄断法第十四条的文本解释与法律适用)
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Prof Guo discusses the divergence between competition authorities and the judiciary on the application of Article 14 of the Anti-Monopoly Law, ie vertical anti-competitive agreements. In cases relating to Resale Price Maintenance (RPM), the judiciary often adopts effect analysis while competition authorities argue that RPM should be deemed as illegal per se and it is thus not necessary to analyze its anti-competitive effect. Prof Guo considers the conflict results from conflicting interpretation ...
Authors: Prof GUO Zongjie, Jinan University
Market Definition in Anti-monopoly Law of China (中国大陆反垄断执法中的相关市场界定)
2019, Competition Enforcers & Academics Summit, 1 - 2 August 2019
Prof Wang argues that market definition should serve as a starting point when enforcing competition law, although exceptions exist under certain circumstances, such as in the cases where undertakings concerned are in the industries that are regulated market, the power of involved undertakings is of lesser significance or the contravention falls into hard-core anti-competitive conducts, etc. Market definition plays an important role in identifying market participants, measuring market share and m ...
Analytical Paper on the Importance of Filing with MOFCOM – Recent Penalty Decisions for Failure to Notify
2018, 2018 ABA Conference: ‘Merger Control 101’ Panel
"When carrying out an assessment of where merger notifications in the context of a merger, acquisition or joint venture should be made, it is important to bear in mind the implications and potential penalties of implementing a transaction without clearance. In China, the Anti-Monopoly Bureau of the Ministry of Commerce in China ('MOFCOM') has been stepping up its enforcement actions against merging parties for failing to notify. ...
Ten years of anti-monopoly civil litigations: Retrospection and prospect
2018, Concurrences No 4-2018
"In April 2017, Beijing High Court issued its Guidelines on the Ruling of Patent Infringements and one year later, Guangdong High Court issued its Guidelines for the Trial of SEP Disputes (for trial implementation) on 26 April 2018. Both of these Guidelines tried to resolve the SEP-related issues in practice. This article is aimed to show the evolution of the interpretation of FRAND principle and injunction relief in SEP-related actions from the observations of both rules and judicial practice. ...
The Copyright Internal Interest Balancing Mechanism & Intervention of Anti-Monopoly Law : Enlightenments from American Digital Performance Rights in Sound Recordings Mechanism(著作权内在利益平衡机制与反垄断法的介入...
(Full article available in Chinese only)
2018, Law Science Magazine, No. 2, 2018, p.25-33 (《法学杂志》, 2018年第2期,第25-33页)
"Anti-monopoly and protection of IPR are both just the methods of realizing their common goal, they are not by themselves the ultimate goal. With respect to the Copyright Legal System, it is reflected through the establishment of a perfect internal interest balancing mechanism, which shall contain a 'protection-restriction' structure in order to prevent copyright from being abused when protecting such IPR. The DPRSR system in the US Copyright Law has set an excellent example for this, while the ...