China Law Insight : China Law Insight: China Commercial and Intellectual Property Lawyers and Attorneys, Full Service Law Firm: King & Wood

By Susan Ning, Angie Ng and Zheng Ziqing, King & Wood's Competition Practice

Antitrust or competition law rules governing vertical restraints (such as resale price maintenance) are significant in China because as a manufacturing “hub”, vertical contracts or agreements such as manufacturer-distributor agreements are very common.

This article outlines the rules governing resale price maintenance (RPM), pursuant to the Anti-Monopoly Law (AML); and compares these rules to the rules governing RPM pursuant to the European competition law.

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汪蕊、黄大纲、邱少林   金杜知识产权组

一、引言

随着国内网络游戏市场的迅速扩大，中国已成为国内外网络游戏开发商（特别是大型角色扮演类网络游戏(MMORPG) 开发商）淘金的乐土。2009年，有35款“进口网络游戏”(1)获准在中国发布运营，其营业收入占到我国当年网络游戏产业销售总收入的38.8%，高达258亿元人民币。(2)

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By Wang Rui, Qiu Shaolin, and Duncan Hwang, King & Wood's IP Practice

With the rapid growth of China’s online video gaming market, China has become a particularly appealing target market for both Chinese and foreign online game developers, particularly those developing Massively Multiplayer Online Role-Playing Games (MMORPG). In 2009, 35 imported online games obtained approval for release in China, and imported games have accounted for 38.8% of China’s CNY 25.8 billion online gaming industry.

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李锦南   合伙人      金杜银行部

过去，信托公司一直通过剥离银行表内资产并打包成为理财产品出售，以此作为其一项稳定的收入来源。值此现象愈演愈烈之际，中国银行业监督管理委员会("银监会")七月份突然全面叫停所有银信合作业务。

最近，银监会发布了一份新的通知("通知")，有条件地重开银信合作业务。总体上，我们认为通知将会极大改变现行的银信合作模式和具体交易结构。通知如下几点尤其值得关注:

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By Li Jinnan, Partner, King & Wood's Banking Group 

The expansion of bank-trust cooperation and the practice of repackaging off-the-book bank loans into trust products for sale to consumers came under unprecedented scrutiny this July as the China Banking Regulatory Commission ordered trust companies to cease all cooperative work with banking organizations.

Recent reports reveal that the complete shutdown of bank-trust cooperation has now been repealed, but the CBRC’s new circular allowing banks to resume cooperation with trust companies has place a number of new conditions on the once burgeoning industry.

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 宁宣凤、丁亮、 Angie Ng，金杜反垄断及反不正当竞争组

据有关媒体报道，截止到2010年8月下旬，人民法院共受理了至少10件反垄断诉讼案件（详见“近两年内的10件反垄断诉讼案件”）。本文将就其中之一，也是中国法院受理的第一起反垄断诉讼案即“李方平诉中国网通”案作简要分析。（此案于2008年8月1日反垄断法实施当天立案。）

本案中原告诉被告滥用市场支配地位，2009年12月18日，北京市第一中级人民法院做出一审判决， 2010年6月9日，北京市高级人民法院维持了一审判决。

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By Susan Ning, Ding Liang and Angie Ng, King & Wood's Competition Practice

In late August 2010, it was reported in the press that at least 10 antitrust private actions have been heard in the courts in China (see Two years on, ten private antitrust actions).This article describes one of the cases - Li Fangping vs China Netcom – in detail. This was th

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宁宣凤、姜丽勇、郑孜青和Angie Ng  反垄断及反不正当竞争小组

Ⅰ简介：

在中国，由以下两个部门负责合并控制：

a商务部反垄断局：负责受理和审查经营者集中申报的具体执法工作。

b反垄断委员会（国务院的下属部门）：负责相关并购规定和指引的制定和发布。该委员会实际上是一个议事协调机构，指导和协调商务部、国家发展和改革委员会和国家工商管理总局三个执法机构的工作。

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Susan Ning, Jiang Liyong, Zheng Ziqing, and Angie Ng, Antitrust & Competition.

I INTRODUCTION

The following two authorities deal with mergers:

a the Anti-Monopoly Bureau within the Chinese Ministry of Commerce (‘Mofcom’) is the authority responsible for reviewing and clearing merger filings; and

b the Anti-Monopoly Commission (a division of the State Council) is the authority responsible for formulating and issuing merger guidelines (it is also the coordinating government agency between Mofcom and the two other antitrust enforcement agencies, the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC)).

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By Zhang Yi, Alan Du and Ge Jiaying, King & Wood's Banking & Finance Group

On March 15, 2010, Shanghai Municipal Government approved a pilot program in which foreign investors may become qualified foreign limited partners ("QFLP") of private equity investment funds ("Pilot Program") on its executive meeting. The Pilot Program, which is subject to confirmation and approval of the State Administration of Foreign Exchange ("SAFE") and other relevant authorities, is expected to be officially announced soon.

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By Susan Ning, Liu Jia, Huang Jing and Angie Ng, King & Wood's Competition Group

BHP Billiton (BHP)(1), a global natural resources company, has recently launched a hostile bid (the bid) to purchase PotashCorp (Potash)(2), a leading potash producer based in Canada.
This proposed acquisition is likely to have an impact in the Chinese potash industry.

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 彭荷月, 金杜律师事务所知识产权团队

自去年年底以来，我们陆续收到一些外国企业有关中国“自主创新”政策的咨询，他们对该政策存有不少顾虑，担心这项政策会强迫其将知识产权转移到中国，或者会限制外国企业与中国本土企业的竞争，影响其在中国市场的经营。

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 By Peng Heyue,  King & Wood's IP Department

Since the end of 2009, King & Wood has received regular requests from a number of foreign enterprises for advice on China's 'Indigenous Innovation' Policy. These firms are concerned that the new policy will either force the transfer of their IP rights to China or will influence their business operations in the Chinese market by limiting their ability to compete with local domestic firms.

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By Susan Ning, Ding Liang and Shan Lining, King & Wood's Competition Group

At the end of last month, it was reported in the press (for example see an article dated 29 August published in the Legal Daily, that since the enactment of the Anti-Monopoly Law (AML) in 2008, at least ten antitrust private actions have been heard in the courts. 

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 By Li Jinnan and Jiang Hualiang, King & Wood's Banking & Finance Practice

With the recent development of the service outsourcing industry, an increasing number of financial institutions (including banks, securities companies, insurance companies and fund management companies) use financial service outsourcing to reduce costs, enhance core competitiveness, and accomplish strategic goals. Financial institutions are able to benefit significantly from IT outsourcing, which is an important part of financial service outsourcing. At the same time, they must also confront the managing risks that are associated with IT outsourcing. Based on our past experience with counseling on IT outsourcing to financial institutions, the followings are the primary legal issues relating to the terms in and execution of  IT outsourcing agreements, using banking institutions ("banks") as examples. The discussion will focus on how banks should manage potential risks from negotiating such an agreement.

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