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. Continue Reading Two Years On, Ten Antitrust Private Actions
By Susan Ning, Jiang Liyong and Angie Ng, King & Wood’s Competition Practice
On 5 July 2010, the Ministry of Commerce (MOFCOM) enacted regulations which set out the rules and procedures to do with divesting assets. These regulations are entitled “Interim Regulations on Implementing the Divestiture of Assets or Businesses in Concentration of Business Operators” (divestiture regulations). A copy of the divestiture regulations are located here.
Continue Reading Regulations on Divesting Assets – Enacted
By Susan Ning, Ding Liang and Jiang Liyong, King & Wood’s Competition Practice
In mid-August, it was reported in the press(1) that the National Development and Reform Commission (NDRC) had received complaints that the commercial banks in China have engaged in price-fixing conduct. Pursuant to the Anti-Monopoly Law, conduct amounting to price-fixing is prohibited. Continue Reading Collusive Behaviour Amongst Banks?
By Susan Ning, Shan Lining and Angie Ng, King & Wood’s Competition Practice
On 12 August 2010, the PRC Ministry of Commerce (MOFCOM) hosted a “stocktake” briefing to mark the second anniversary of the Anti-Monopoly Law (AML).(1) Director-General of the Anti-Monopoly Bureau Shang Ming chaired the briefing. MOFCOM’s transcript of this briefing is located here. The following were the salient points raised during the briefing.
Continue Reading Second Anniversary of China’s Anti-Monopoly Law – MOFCOM’s Stocktake
By Susan Ning, Ronald Arculli, Peter Waters, and Angie Ng of King & Wood and Gilbert + Tobin (1)
Hong Kong’s Competition Bill (the Bill) was gazetted on 2 July 2010.(2) Formal public consultations on a cross-sector competition law for Hong Kong commenced in 2006. The Bill will be tabled in Hong Kong’s Legislative Council (LegCo) on 14 July 2010. When the Bill becomes law, it will be known as the Competition Ordinance (CO).Continue Reading Hong Kong’s Competition Law – Unveiled!
The Hong Kong Government has decided to introduce a cross-sector competition law during the 2008-09 legislative session. The Government has published a draft framework for the competition law and is currently seeking public comments on this draft.
The introduction of a competition law is a significant step for an economy to take. Not all competition laws are the same and the most important thing is that the law is designed well to suit the Hong Kong economy.
Continue Reading Hong Kong’s Proposed Competition Ordinance: Unsettled Issues of Design
At first glance, the goals of intellectual property law and competition law might appear to conflict. IPR owners are granted statutory rights to control access and charge monopoly rents to others for use of their rights. IPR owners may also use terms of IPR licences to regulate downstream activities of their distributors, such as imposing exclusivity, territorial restraints and price restraints. Competition law, on the other hand, is directed at curtailing such market power which may prove harmful to economic welfare.
Continue Reading Intersect Between Intellectual Property Law And Competition Law