Competition Law/ Anti-Monopoly Law

  Authored by Zhan Hao (zhanhao@anjielaw.com), Sharif Hendry(sharifhendry@anjielaw.com), Song Ying(songying@anjielaw.com)at AnJie Law Firm.

At the China Competition Policy Forum in Shanghai on August 31, 2017, a high standing official of the Price Supervision and Antimonopoly Bureau (PSAB) gave comment on the potential enactment of regulations on Standard Essential Patent (SEP)

Authored by Dr. Zhan Hao (zhanhao@anjielaw.com) and Song Ying(songying@anjielaw.com) and Tian Chen (tianchen@anjielaw.com)at AnJie Law Firm

1.Introduction

The concept of abuse of collective market dominance (“Collective Abuse”)stems from Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), (formerly Article 82 of the European Community Treaty) and was

Authored by Zhan Hao (zhanhao@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm

On 8 September, 2017, an exposure draft of amendments to the Provisions on Antitrust Review of Concentrations (the “exposure draft”) issued by the Ministry of Commerce of PRC (the “MOFCOM”) was released for soliciting public comments. 

The Provisions on Antitrust Review of

Authored by Michael Gu (michaelgu@anjielaw.com) and Sihui Sun at AnJie Law Firm

According to a press release2 published by the National Development and Reform Commission (“NDRC”) on its website on 10 July, China’s Zhejiang Provincial Price Bureau3 (“Price Bureau”) recently concluded the investigation of a cartel case organized by a local trade association. In this

Authored by Michael Gu (michaelgu@anjielaw.com) and Sun Sihui (sunsihui@anjielaw.com) at AnJie Law Firm

I. OVERVIEW

2016 marked the eighth anniversary of the implementation of the PRC Anti-monopoly Law. All three Chinese competition authorities were very active in their enforcement practices. As in2015 and 2014, many waves of high-profile antitrust crackdowns have

This article was co-authored by Dr.Zhan Hao and Song Ying

Admittedly, the evidential rulesin specific jurisdiction, especially for the allocation of burden of proof, are of great vital for the ultimate result of the case trial. In view of the fact that private antitrust litigations are frequently featured with specificity, high-degree complexity and relative weakness

After a whole year’s review and rounds of public comments, on February 22, the State Council has eventually submitted the Draft Amendments of the Anti-Unfair Competition Law (the “Draft”) to the Standing Committee of the National People’s Congress for ratification. Most of the key principles of the earlier drafts have remained while rules in addressing

Authored by Michael Gu (michaelgu@anjielaw.com) and Sun Sihui (sunsihui@anjielaw.com) at AnJie Law Firm

Introduction

On November 9 2016, after a nearly five-year investigation, the State Administration for Industry and Commerce (SAIC) finally concluded the Tetra Pak case. The SAIC’s landmark decision:

  • imposed a Rmb667,724,176.88 (approximately $97 million) penalty on Tetra Pak

 Authored by Dr. Zhan Hao (zhanhao@anjielaw.com) and Song Ying (songying@anjielaw.com) at AnJie Law Firm

I. INTRODUCTION 

On August 1, 2008, China launched the Anti-Monopoly Law (“AML”), establishing a dual enforcement system comprising both public and civil enforcement measures. Article 50 of the AML provides the legal basis for private anti-monopoly enforcement and