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By Susan Ning, Hazel Yin and Dasha Xiao

Today (July 29), the State Administration for Industry and Commerce (“SAIC“) held a press conference announcing that it has launched a publication platform for antitrust enforcement decisions.  The final penalty decisions of all cases that have been closed (a total of 12) are published on SAIC’s website.  Ms. Ren Airong, Director General of the Antimonopoly and Anti-unfair Competition Enforcement Bureau of SAIC also mentioned the plan to promulgate the guideline and the regulation concerning IP-related antitrust issues.
Continue Reading China’s State Administration for Industry and Commerce Publishes All Antitrust Enforcement Decisions It Made Thus Far

By Susan Ning, Hazel Yin, and Han Wu

On July 17th, People’s Daily reported that the Price Supervision and Anti-Monopoly Bureau of the National Development and Reform Commission is investigating gold retailers including but not limited to Shanghai Lao Feng Xiang (600612. SH) and Yuyuan Tourist Mart Company (600655.SH) for manipulation of gold jewelry retail price in Shanghai under the auspices of the Shanghai Gold & Jewelry Trade Association (“SGJTA”).
Continue Reading NDRC Probes Shanghai Gold Association and Gold Retailers for Price Fixing

By Susan Ning, Kate Peng, Huang Jing and Li Rui

In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“).

This is the second investigation by NDRC against resale price maintenance (“RPM“).  Early this year, NDRC fined China’s famous producers of premium liquor, Kweichow Moutai Co Ltd. (Maotai) and Wuliangye Group Co., Ltd. (Wuliangye) in the amount of RMB 247 million (about USD 39.8 million) for RPM behaviors (Maotai/Wuliangye Case)i .  The current investigation is still ongoing and no penalty against any companies has been made. 
Continue Reading The Second RPM Investigation by NDRC within this Year

By Susan Ning, Kate Peng and Li Rui

On May 29, 2013, the National Development and Reform Commission (“NDRC“) and the Civil Aviation Administration of China (“CAAC“) held a seminar discussing the potential issues in setting up an antimonopoly immunity scheme under Chinese Antimonopoly Law (“AML“). Chinese regulators and representatives from the International Air Transport Association (“IATA“) participated in the seminar and exchanged views on the antimonopoly review policy in the aviation industry and the possible outlooks of the contemplated immunity scheme. The immunity scheme under consideration, once came into effect, could have material effects on the cooperation between airlines operators.
Continue Reading Chinese Regulators Contemplate Antimonopoly Immunity Scheme for Airline Operators

By Susan Ning, Kate Peng and Xiao Dasha

The National State Administration of Industry and Commerce (“SAIC”) and the Ministry of Commerce (“MOFCOM”) recently appointed a new vice minister respectively. The newly appointed vice ministers shall supervise the antimonopoly division of the two authorities.Continue Reading MOFCOM and SAIC Appointed New Vice Ministers in Charge of Anti-Monopoly Division

by Dina Yin, Zhao Yan and Miao Jing King & Wood Mallesons’ Mergers & Acquisitions Group

PRC tax authorities have clarified, effective July 1, 2013, that oil and gas companies producing shale gas/coal bed methane (“CBM”) or service providers related to such production will be subject to a 17% VAT when providing labor services in relation to the production of shale gas or CBM.Continue Reading Shale Gas and CBM Companies to Pay VAT

By King & Wood Mallesons’ Compliance Group

With environmental pollution front and center in the Chinese press, the government in Beijing has moved to address at least one aspect of the problem – soil pollution. In a likely sign that new regulations on soil quality are on their way, the State Council recently issued a directive titled “Working Arrangement of the Recent Environmental Protection and Comprehensive Treatment of Soil.” Investors take note: the policies proposed by the Council will almost certainly impact existing and future investments in sectors such as manufacturing and heavy industry, as well as investments in geographic areas deemed to be ecologically sensitive.
Continue Reading Push For Soil Quality Regulations Will Have Consequences for Investors

作者：金杜律师事务所法律合规组

随着环境污染问题逐步占据中国媒体的头版头条，中央政府也开始寻求解决环境问题的方案，土壤污染问题就是其中的一个突破口。国务院最近发布了题为《近期土壤环境保护和综合治理工作安排》的通知，这将预示着政府将在土壤环境保护方面进行大量的立法工作。投资者应当注意： 该通知一定会对您在华，不论是现阶段还是将来的投资产生深远的影响。尤其体现在制造业、重工业领域，以及一些环境保护的敏感地区。
Continue Reading 对投资者产生深远影响的土壤环境治理规则

By Susan Ning, Liu Jia and Hazel Yin

On April 22, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Gavilon Holdings, LLC (“Gavilon“) by Marubeni Corp (“Marubeni“) (the “Transaction”) with conditions.  This is the second case conditionally cleared by MOFCOM in April, coming just days after the conditional clearance of Glencore/Xstrata.  To obtain the clearance, Marubeni shall keep separate and independent China soybean import and distribution businesses between Marubeni’s and Gavilon’s.Continue Reading MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions

By Susan Ning, Huang Jing and Hazel Yin

On April 16, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Xstrata plc (“Xstrata“) by Glencore International plc (“Glencore“) with conditions.  Both structural and behavioral remedies are involved in the conditions.

The over 8,000-word decision issued by MOFCOM contains the most detailed competition analysis that has ever been published.  In addition, for the very first time, the full text of the parties’ final commitment proposals were published together with the clearance decision, providing more insights regarding the implementation of the remedies. 
Continue Reading MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions