On November 18, 2022, the Supreme People’s Court of the People’s Republic of China (the “SPC”) published an announcement soliciting public comments on the draft of Provisions of the Supreme People’s Court of the People’s Republic of China on Several Issues concerning the Application of Law in the Trial of
Competition Law/ Anti-Monopoly Law
The Draft of New Judicial Interpretation on PRC Antitrust Law Part I: Changes to Procedural Matters
By Hao Zhan, Ying Song & Libo Zhu on
Posted in Uncategorized
On November 18, 2022, the Supreme People’s Court of the People’s Republic of China (the “SPC”) published an announcement soliciting public comments on the draft of Provisions of the Supreme People’s Court of the People’s Republic of China on Several Issues concerning the Application of Law in the Trial of…
AnJie Broad Antitrust Practice in 2022: Year in Review
By Hao Zhan & Ying Song on
Posted in Uncategorized
Welcome to Our Yearend Antitrust Practice Review
Standing at the beginning point of the new year, we take the opportunity to deliberate and reflect on the last twelve months. 2022 has been an extremely busy and productive year for AnJie Broad Antitrust Team. Together, we have accomplished several milestones and have much to be proud…
The Landscape of Shifting Alliance Theory in Merger Control
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Zhan Hao (zhanhao@anjielaw.com) ，Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.
The concept of “shifting alliances” is derived from EU competition law. According to paragraph 80 of the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2008/C 95/01) (the “Notice”),…
A Brief Overview on the Anti-Monopoly Law Enforcement against Collective Boycott in China
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored byZhan Hao (zhanhao@anjielaw.com) ，Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.
In around ten years of China’s Anti-Monopoly Law (“AML”) enforcement history, there have seen a number of public enforcement cases associated with collective boycott among competitors (see Table 1). Both the National Development and Reform Commission (NDRC) and the…
The Compliance Challenges Facing Internet Undertakings and Guidance on Dealing with the Processing of Personal Data
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Song Ying (songying@anjielaw.com) , Ma Chenghao (machenghao@anjielaw.com) ，Wei Fei ( weifei@anjielaw.com) and Sharif Hendry (sharifhendry@anjielaw.com) at AnJie Law Firm.
On January 11 2018, following the media report that certain mobile phone application software was infringing user privacy, the Ministry of Industry and Information Technology organised talks with three internet companies. The ministry pointed …
The Merge of Antitrust Enforcement Agencies in China
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Zhan Hao (zhanhao@anjielaw.com) ，Stephanie Wu ( wuyuanyuan@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm.
On March 13, 2018, Li Keqiang, Premier of the State Council of the People’s Republic of China submitted a proposal to the People’s Congress in session to review and consider the "Institutional Reform Program of the State Council"…
Merger Control Review 2017
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Michael Gu (michaelgu@anjielaw.com) adn Sun Sihui(sunsihui@anjielaw.com) at AnJie Law Firm
Introduction
The year 2017 marked the 10th anniversary of the promulgation of China’s Anti-monopoly Law.
The country’s three antitrust enforcement agencies – the Ministry of Commerce (MOFCOM), theNational Development and Reform Commission (NDRC) and the State Administration for Industryand…
Pharmaceutical companies face severer antitrust compliance challenges – Commentary on the “Price Conduct Guidelines on Operators of Drugs prone to Shortages and APIs”
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Michael Gu (michaelgu@anjielaw.com) and Sihui Sun(sunsihui@anjielaw.com) at AnJie Law Firm
Four months after seeking comments, the National Development and Reform Commission ("NDRC") released “Price Conduct Guidelines on Operators of Drugs prone to Shortages and APIs ” (“Guidelines”) on 16 November 2017. This is the first price-related anti-monopoly guidelines for a specific industry since the Anti-Monopoly Law was …
How to Compete Fairly in the Digital Era -Implications of the New Anti – Unfair Competition Law
By AnJie Broad on
Posted in Competition Law/ Anti-Monopoly Law
Authored by Michael Gu (michaelgu@anjielaw.com) and Charles Xiang (xiangwenlei@anjielaw.com) at AnJie Law Firm
Introduction
On 4 November 2017, the Standing Committee of the National People’s Congress of China finally passed the long-awaited amendments to the Anti-Unfair Competition Law (AUCL), which takes effect on 1 January 2018.This is the first time the AUCL …