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
4/20/2023
/ Abuse of Dominance ,
Anti-Competitive ,
Anti-Monopoly ,
China ,
Gun-Jumping ,
Merger Controls ,
Merger Reviews ,
New Regulations ,
State Administration for Market Regulation (SAMR) ,
Substantial Assistance ,
Third-Party
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
The last two years have reshaped the global economy and socioeconomic policies, and have given rise to new risks and challenges. The world of disputes is also rapidly evolving. As we look back to reflect on the lessons...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.
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On Saturday 10 April 2021, the State Administration for Market Regulation (SAMR) issued a landmark decision, penalising the Chinese e-commerce group Alibaba for abusing its dominant position. The Chinese authority imposed a...more
The European Union (EU) and the People’s Republic of China concluded the negotiations on their investment treaty, the EU/China Comprehensive Agreement on Investment (CAI), on 30 December 2020. ...more
As coronavirus (Covid-19), first reported in Wuhan in December 2019, spreads across China and beyond, it has been widely reported that some Chinese companies are looking to suspend or terminate their contractual commitments....more
China’s State Administration for Market Regulation (SAMR) has announced the launch of a nationwide campaign to crack down on unfair competition and commercial bribery in the pharmaceutical, medical device and educational...more
The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May...more
Speed read -
On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more
The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in...more
China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted...more
Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more
Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical...more
On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company. ...more