Category Archives: Antitrust

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Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

针对望远镜制造商宁波舜宇的反垄断诉讼驳回 On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp.  The case is Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 5:16-cv-06370-EJD (N.D. Cal.). Defendants are represented by Leo Caseria and … Continue Reading

Fair Competition Review System

On June 14, 2016, the State Council issued Opinions on Establishing the Fair Competition Review System in the Development of Market System (hereinafter “Opinions”), which finally uncovers the veil of this system. Fair competition review system was first mentioned in Opinions on Promoting Further Systemic and Institutional Reforms to Accelerate Implementation of Innovation-Driven Development Strategies, … Continue Reading

PRC Anti-Unfair Competition Law (Draft Amendment 2016)

On February 25, 2016, China’s Legislative Affairs of the State Council (“SCLAO”) released the Draft Amendment of PRC Anti-Unfair Competition Law (“Draft Amendment”) and started to solicit public comments on the Draft Amendment until March 25, 2016.  Click here for the unofficial translation of the Draft Amendment.  The current PRC Anti-Unfair Competition Law came into … Continue Reading

China’s Anti-Unfair Competition Law Is Poised For An Update

Since 2010, China’s State Administration for Industry and Commerce (SAIC) and the State Council Legislative Affairs Office (SCLAO) have been revising China’s Anti-Unfair Competition Law of 1993 (AUCL). This February the SCLAO released a draft revision of the AUCL for public comment. In general, the AUCL is broad, covering unfair trade practices that relate to intellectual … Continue Reading

Antitrust Enforcement in China: Understanding the Framework of the Anti-Monopoly Law

China’s adoption of the Anti-Monopoly Law (“AML”) is a landmark in the evolution of China’s economic transformation. The AML was a carefully thought-out, negotiated, strategic development dictated by the central government, and the culmination of a process that started almost twenty years ago. China has moved from a centrally planned command economy to one that … Continue Reading

Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs

This past November and December, the US Department of Justice (“DOJ”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia Corporation of Finland (“Nokia”) without any conditions. In contrast, on April 8, 2014, the Chinese Ministry of Commerce (“MOFCOM”) approved the acquisition subject to … Continue Reading

Antitrust Investigations in China: Putting Things in Perspective

The current press is buzzing with news about the recent increase in antitrust investigations involving foreign companies with operations in China, and reports of foreign companies being told to expect higher fines if they “put up a fight” during investigations. At the same time, the Chinese enforcement agencies have started to make their decisions public. … Continue Reading

Qihoo 360 v. Tencent: A Landmark Decision under China’s Anti-Monopoly Law

On March 29, 2013, the Guangdong High People’s Court ruled that Tencent, Inc. (“Tencent”) did not violate China’s Anti-Monopoly Law (“AML”). In the first lawsuit of its kind, Beijing Qihoo Technology Co. Ltd. (“Qihoo”) sued Tencent under the AML, claiming Tencent was engaging in anti-competitive behavior. They sought ¥150 million in damages and an injunction … Continue Reading

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

By Becky Koblitz  Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences that, from MOFCOM’s perspective, could arise as a result of the transaction. On March 27, 2013, the Ministry of Commerce (“MOFCOM”) … Continue Reading

Is China Giving Carte Blanche for Anti-Competitive Conduct by PRC Companies Doing Business Overseas?

By Becky Koblitz and Ling Zhang PRC companies should be careful not to interpret as carte blanche for anti-competitive behavior a recent policy statement by the Chinese government encouraging PRC companies to coordinate their activities and cooperate with each other while investing overseas. The statement also highlights the need for foreign companies to be on guard for … Continue Reading

China’s MOFCOM Grapples With Open Source Issues In Google-Motorola Deal

By Becky Koblitz This past February the US Department of Justice (“DOJ”) and European Commission (“Commission”) cleared Google Inc.’s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012 the Chinese Ministry of Commerce (“MOFCOM”) approved the acquisition subject to what some observers believe were over-cautious conditions linked to a … Continue Reading

MOFCOM’s “Fusion” Approach to Chinese Merger Control

By Becky Koblitz We often hear about how China’s merger review “diverges” from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But China’s MOFCOM is merely doing its homework. Similar to “fusion” cuisine, MOFCOM practices “fusion” merger control as it blends two aspects: its mandate under the … Continue Reading

China Anti-Monopoly Law: What might we see in 2012?

On February 16, 2012 the Beijing office of Sheppard Mullin had a reception to celebrate the opening of new office space in China World Trade Center in the central business district. Firm Chairman Guy Halgren welcomed our 120-plus guests. Prior to the reception, Sheppard Mullin hosted a roundtable discussion on the Anti-Monopoly Law of China … Continue Reading

Two Anti-Monopoly Cases Are Settled in China

Since the Anti-Monopoly Law of China (the "AML") came into effect in August 2008, attention has been focused on its enforcement and effect on the Chinese market. While the public doubts the government has motivation in enforcing the law robustly against state-owned giants, individuals and private firms have been actively bringing private actions in court … Continue Reading

Chinese Pre-Merger Notifications: Anti-monopoly Bureau of MOFCOM Plans to Launch Series of New Rules

The website of the Anti-monopoly Bureau of the Ministry of Commerce (“Anti-monopoly Bureau”) has become “the must-see site” for antitrust lawyers practicing in China. See http://fldj.mofcom.gov.cn/. Since the beginning of 2009, the Anti-monopoly Bureau has used the site to announce six drafts of various provisions and guidelines, and two transitional guidelines regarding implementation of a … Continue Reading

New Thresholds of Pre-merger Filing in China

The Provisions on the Takeover of Domestic Enterprises by Foreign Investors ("Old Rule") and the accompanying pre-merger filing system have been in effect for five years.  According to available government statistics, there have been more than 500 pre-merger filings under that regime.  The new Anti-Monopoly Law ("AML") became effective on August 1st, requiring new implementing … Continue Reading

Antitrust Process Leveraged to Prevent Foreign Ownership of Steel Companies

When the world’s largest steel company Arcelor Mittal acquired a 28% stake in steel company China Oriental Group in November 2007, it made no secret of its desire to gain control of China Oriental and aggressively expand into the Chinese market.  That dream, however, became short-lived.  On May 13, 2008, Arcelor dropped its takeover bid … Continue Reading

Litigation Risks of Multi-Nationals Under China Anti-Monopoly Law

The Anti-Monopoly Law  (“AML”) will come into effect soon and accompany the approaching Beijing Olympics.  As preparation for this highly significant law, the Implementation Rules of the AML (“Implementing Rule”) have been extensively discussed within the anti-monopoly authorities.  These Implementing Rules will be an essential part of implementing and enforcing the AML.  In particular, the Implementing … Continue Reading
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