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 ...
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.
...
Research on the Fair Competition Review of Industrial Policy (产业政策公平竞争审查论)
2018, The Jurist, No. 2, 2018 (《法学家》， 2018年第2期)
"The reform trend of China's industrial policy is the competition-friendly industrial policy. Fair competition review, which is in line with the goal of China's industrial policy reform, can make competition evaluation of the policy measures, strive to minimize the damage to competition by the policy measures, and become one of the most important ways of industrial policy reform. On the basis that China clarified the road map of the fair competition review of industrial policy, and by means of ...
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. ...