compliance

Subscribe to compliance via RSS

By Susan Ning, Hazel Yin, Ziqing Zheng, Kailun Ji

August 1st, 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (“AML”).  Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.

During the past 5 years, the Ministry of Commerce (“MOFCOM”), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and 1 case that was denied.1   MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime.  This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.
Continue Reading Review of Merger Control and Merger Remedies Regime in China: From 2008-2013

By Susan Ning, Ziqing Zheng and Rui Li

On August 13, 2013, China’s Ministry of Commerce (MOFCOM) announced on its website that it has conditionally approved the $4 billion acquisition of Swedish medical technology company Gambro AB by Baxter International.

Baxter is a US-based healthcare company, which develops, manufactures and markets products used in the treatment of patients suffering from hemophilia, immune disorders, infectious diseases, kidney disease, trauma, and other acute medical conditions.
Continue Reading MOFCOM Conditionally Cleared Baxter’s $4 Billion Acquisition of Gambro

作者：金杜律师事务所法律合规组

美国于2010年3月颁布《海外账户税收合规法案》（简称“FATCA”），旨在加强对美国居民之海外投资（如海外金融资产和离岸账户）的税收征管。随后，美国国税局（简称“IRS”）出台了相应的FATCA《最终规则》和一系列的执行时间安排。
Continue Reading 中国将与美国协商达成实施FATCA的政府间协议

By Susan Ning, Liu Jia, Xiao Dasha and Hazel Yin

On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher Court”) made a final judgment on the Rainbow v. Johnson & Johnson case.  It is the first case of vertical monopolistic agreement and the court overruled the judgment of the first instance, and ruling for the appellant (i.e., the plaintiff). This case is also the first anti-monopoly case in China where the second-instance court reversed the judgment of the first instance court and ruled in favor of the plaintiff.
Continue Reading Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement

作者：宁宣凤、刘佳、尹冉冉

2013年8月1日，也即在《反垄断法》实施五周年的纪念日当天，上海市高级人民法院对全国第一起纵向垄断协议案件（锐邦诉强生案），作出终审判决——判决上诉人（也即原告）胜诉。本案也是迄今为止第一起二审法院撤销一审判决并判决原告胜诉的反垄断民事案件。
Continue Reading 第一起纵向垄断协议民事诉讼案件：锐邦诉强生固定转售价格案简析

By King & Wood Mallesons’ Compliance Group

Recently, allegations of a massive bribery scheme on the part of the Chinese unit of a famous British multinational pharmaceutical company have grabbed headlines in China and abroad. China’s Ministry of Public Security officially announced on July 11 that senior executives of this company are under criminal investigation on suspicion of using travel agencies to bribe government officials, hospitals, doctors, and medical industry associations in a scheme to increase sales. Some of the company’s senior executives and employees are also suspected of taking bribes from third party vendors.
Continue Reading COMPLIANCE-Watchword of Healthcare Companies and Possible Other Companies in China

作者：金杜律师事务所法律合规组

在过去的几个星期，中国政府部门对一家著名的英国跨国药企采取的一系列行动不断登上了国内和国际媒体的头版头条。中国公安部于7月11日正式宣布，该公司的部分高级管理人员涉嫌为增加产品销量，而通过旅行社向政府官员、医院、医生和医疗行业协会等大肆行贿，目前已对相关人员展开刑事侦查。另外，该声明还指出该公司的一些高管及员工同时涉嫌收受供应商的商业贿赂。
Continue Reading 合规：在华医疗企业和其他高风险企业关注的问题

by King & Wood Mallesons’ Compliance Group

On July 2, the National Development and Reform Commission (“NDRC”) announced that it is investigating costs and prices charged by 60 foreign and domestic drug makers. Concerned pharmaceutical manufacturers should be aware that the investigation process imposes certain rights and obligations on the manufacturers and the investigating authorities alike.
Continue Reading China’s Investigation into Drug Pricing: What You Need to Know