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By Susan Ning, Chai Zhifeng and Yin Ranran

In November 2009, the Ministry of Commerce of China ("MOFCOM") issued the decision to clear the Panasonic/Sanyo deal with conditions, one of which is for Panasonic to divest its nickel-hydride car batteries business in Japan.  On February 9, 2011, the sale was sealed with Panasonic selling this business to Hunan Corun New Energy Co., Ltd. for about RMB 40 million.Continue Reading Issues to consider when divesting business in the context of a conditional clearance case

By Susan Ning and Huang Jing

Partly driven by the QQ-360 disputes (see our article entitled " The QQ / 360 Disputes – Who, What, Where, When and Preliminary Antitrust Analysis"), the Ministry of Industry and Information Technology  (MIIT) released the Interim Rules for Supervision and Management of Internet Information Service Market (Draft for Comment) (Draft Rules), on 12 January 2011.

The objective of the Draft Rules is to safeguard the competitive environment in relation to the internet information service industry, and to safeguard consumers’ interests. Broadly, the Draft Rules sets out the code of conduct for internet information service providers (IISP), and dispute resolution mechanisms. Continue Reading MIIT releases draft rules which govern antitrust issues

By Susan Ning and Liu Jia

Two and half years after the enactment of the Anti-Monopoly Law (AML), the anti-trust authorities in China (i.e. the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC)) issued detailed rules prohibiting abuse of dominance within their respective remit.Continue Reading Comparison of the NDRC rules and the SAIC rules on Abuse of Dominant

By Susan Ning and Ding Liang

Since the enactment of the Anti-Monopoly Law (AML), the antitrust enforcement authorities in China (i.e. the National Development and Reform Commission (NDRC)) and the State Administration for Industry and Commerce (SAIC)) have issued procedural rules, detailing how they will go about an investigation and adjudication of an alleged breach of the Anti-Monopoly Law (AML).Continue Reading SAIC and NDRC Procedural Rules under the Anti-Monopoly Law – what are the Differences?

By Susan Ning and Liu Jia

As the Spring Festival approaches, the National Development and Reform Commission ("NDRC") has ordered local price authorities to step up enforcement efforts against price fraud conducts by retail stores, upon widespread consumer complaints.  On 26 January 2011, NDRC issued an announcement titled "Retail stores such as Carrefour are suspected of price fraud, local price authorities will hand out grave penalities" , condemning price fraud conducts by retail stores, based on investigations by local price authorities.Continue Reading NDRC condemns price fraud conducts by retail chains

By Susan Ning and Shan Lining

In January 2011, the National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) released the Rules on Anti-Price Monopoly (the NDRC Anti-price Monopoly Rules) (see our article entitled "Rules on Anti-Price Monopoly – effective 1 February 2011") and the Rules in relation to Conduct amounting to Monopoly Agreements (the SAIC Monopoly Agreement Rules) (see our article entitled "3 rules which shed light on non-price violations of the Anti-Monopoly Law – effective 1 February 2011") respectively on the 4th and 7th day of the month.
 Continue Reading Comparison of the NDRC rules and the SAIC rules on monopoly agreements

By: Susan Ning, Shan Lining, Liu Jia and Angie Ng

On 7 January 2011, the State Administration of Industry and Commerce (SAIC) published the following 3 rules which accompany the Anti-Monopoly Law (AML):

(a) Rules in relation to Conduct amounting to Monopoly Agreements (Monopoly Agreement Rules);
(b) Rules in relation to Conduct amounting to Abuse of Dominance (Abuse of Dominance Rules); and
(c) Rules in relation to Conduct amounting to Abuse of Administrative Powers (Abuse of Administrative Powers Rules).
 Continue Reading 3 rules which shed light on non-price violations of the Anti-Monopoly Law – effective 1 February 2011

By Susan Ning, Chai Zhifeng and Angie Ng

On 4 January 2011, the National Development and Reform Commission (NDRC) fined the Zhejiang Fuyang Paper Making Industry Association (the Association) for facilitating its members in relation to engaging in monopoly acts, in breach of both the Anti-Monopoly Law (AML) and the Price Law (PL)1.

This is the first enforcement action (in respect of price-related breaches of the Anti-Monopoly Law) by the NDRC in 2011.Continue Reading First price enforcement action by the NDRC in 2011 – against paper association

By Susan Ning and Ding Liang

On 29 December 2010, the National Development and Reform Commission (NDRC) issued rules entitled Procedural Rules on Administrative Enforcement of Anti-price Monopoly (procedural rules).  These procedural rules provide further guidance as to how Chapter 6 of the Anti-Monopoly Law (AML), entitled "Investigation of Alleged Monopoly Acts" operate.  Chapter 6 of the AML outlines the investigation powers of the antimonopoly authorities. 

This is the first time that the NDRC has issued any procedural rules in respect of the AML.Continue Reading Procedural Rules re Administrative Enforcement of Anti-Price Monopoly – effective 1 February 2011