When referring to the anti-monopoly authority in China, many first mention the Ministry of Commerce of the People’s Republic of China (MOFCOM). However, based on the provisions of the Anti-monopoly Law of the PRC (AML) and the power allocated by the State Council, the State Administration for Industry and Commerce (SAIC) will play a primary role in AML enforcement.
Continue Reading China’s SAIC and the Enforcement of the AML
The following is an excerpt from a recent interview on China’s Anti-monopoly law conducted with Dr. Zhan Hao. The interview below briefly analyzes some of his comments and questions concerning China’s stride towards a form of competition law.Continue Reading Comments on China’s new Anti-Monopoly Law (Anti-trust/Competition
Since the Ministry of Commerce (MOFCOM) promulgated its decision to block the acquisition of Huiyuan Juice Group by The Coca-Cola Company, the decision has been subject to tremendous criticism from trade lawyers and economists. Some have argued China appears willing to wield its Anti-monopoly Law to fend off foreign attempts at buying promising domestic firms (though Huiyuan was incorporated in the Cayman Islands), even when the resulting market concentration would not be excessive.
Continue Reading Coca-Cola & Huiyuan: Explanation, Theory, An attempt to Rationalize?
On January 7 2009 the Ministry of Commerce (Mofcom), in hope of receiving comments, published draft guidelines for the demarcation of the relevant market.
Lack of detailed guidelines for the demarcation of the relevant market is a primary criticism of the PRC Anti-monopoly Law (AML) and its enforcement. Relating to the definition of the relevant market, there has been a tremendous difference in opinion amongst Chinese experts, including legal consultants and economists. The gap between such opinions is far too wide for consolidation. Thus, the State Council has intentionally ignored the demarcation of the relevant market in regulations following the AML concerning notification of concentrations.
Continue Reading The First Steps toward Economic Analysis of the AML
On August 1, the Chinese Anti-monopoly Law (AML) was enforceable and four plaintiffs filed an anti-monopoly case in the No1 Intermediate People’s Court of Beijing. Some members of the media and laymen cheered it as the first anti-monopoly private litigation in China.
The plaintiffs were four anti-counterfeiting companies who sued the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), an industry regulator. The original four plaintiffs were later joined by four other anti-counterfeiting Chinese companies from across the country . Claiming AQSIQ violated the AML, due to its efforts to popularize an online network.
Continue Reading Private Litigation – Unresolved Problems of China’s Anti-Monopoly Law
It is my pleasure to find some colleagues interested in Chinese AML issues. I would like to discuss with you the functions of the regulatory institutions and the possible issues surrounding investigation and litigation.
Presently, the profile of MOFCOM (Ministry of Commerce) is clear, however that of NDRC (National Development and Reform Commission) and SAIC (State Administration for Industry and Commerce) have not come into being.
Continue Reading China’s Anti-monopoly Law: Regulatory Institutions and Surrounding Issues
From the beginning of 2009, the year of the ox, the legislative framework of the Chinese Anti-monopoly Law (AML) has been accelerated. The acceleration is necessary to correct some of the major disadvantages of the AML. It is hoped the corrections will prevent the AML from being seen as abstract and hard to enforce.
Until now, we have heard little from regulatory organizations related to the enforcement of Chinese Anti-monopoly law including the; Ministry of Commerce (MOFCOM); State Administration for Industry and Commerce (SAIC) and the National Reform and Development Commission (SDPC). However, there appears to be a consensus amongst the organizations for a need to focus on the legislation progress, and to promulgate Guiding Opinions, Guidelines, Working Guidelines and Regulation and Administrative Procedures in an expedited fashion. Among these three organizations, it seems MOFCOM is moving far quicker than the others.
Continue Reading Progressing the Notion of Concentration under China’s Anti-monopoly Law
Today afternoon, just twenty minutes ago, Ministry of Commerce (MOFCOM) promulgated its decision regarding the concentration between The Coca-Cola Company and China Huiyuan Juice Group Limited, which prohibited this acquisition. This prohibition decision is the first prohibition decision issued by MOFCOM since the enforcement of Chinese Anti-monopoly Law (AML).
On September 3, 2008, The Coca-Cola Company announced its intention to make cash offers to purchase China Huiyuan Juice Group Limited; a Hong Kong listed company which owns the Huiyuan juice business throughout China.
Continue Reading The Prohibition Decision Regarding M&A between Coca-Cola and Huiyuan
At the beginning of November, Mr. Xi Xiaoming, the Vice Chief Justice of the Chinese Supreme Court, informed the media at a press conference that the Chinese Supreme Court would initiate the drafting of judicial explanations to compliment the Chinese Anti-monopoly Law (AML). Before such formal expression, another Justice in the No.3 Civil Division of the Chinese Supreme Court publicly stated plaintiffs may file civil AML cases directly, bypassing the wait for administrative decisions.Continue Reading The Positive Attitude of Chinese Courts toward AML Enforcement
China’s Anti-monopoly Law was promulgated on August 30th 2008. Although the legislation is constantly developing, experts have forecasted an urgent need for those willing to act as Chinese Anti-monopoly lawyers. The need for Chinese Anti-monopoly lawyers stems from the intense concerns expressed by multi-national corporations. These corporations fear harsh penalties, restrictions on business practices and complex regulatory burdens under the new regime. Considering these fears, sound advice provided by a Chinese Anti-monopoly lawyer is of the utmost importance.Continue Reading A vital need for Chinese Anti-monopoly lawyers
