Susan Ning, Ding Liang

On July 27, 2011, the National Development and Reform Commission (NDRC), the Ministry of Commerce (MOFCOM) and the State Administration for Industry and Commerce (SAIC) signed Anti-trust Memorandum of Understanding (MOU) with their US counterparts, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ).

The MOU provides for high-level consultations among all five agencies as well as separate communications between individual agencies.  The MOU also lists several specific areas for cooperation, including:
 

Continue Reading The PRC Antimonopoly Enforcement Agencies and the US Antitrust Agencies signed Antitrust MOU

Susan Ning, Ding Liang

According to officials of the National Development and Reform Commissions (NDRC), the Department of Price Supervision of NDRC was renamed as the Price Supervision and Anti-monopoly Bureau and the internal offices are under reconstruction[1].

The following is a diagram of the current State Council Anti-monopoly Enforcement Agencies’s organizational structure:

Continue Reading The Department of Price Supervision of NDRC was renamed the Price Supervision and Anti-monopoly Bureau

作者：黄滔、戴月 金杜律师事务所争议解决组

由于对中国司法制度和仲裁制度的陌生或偏见，外国公司在订立合同时对争议解决条款的关注大大高于其它条款。而在争议解决条款中，它们最为关心的问题之一则是仲裁机构和仲裁规则的选择。在决定选择恰当的仲裁机构及仲裁规则前，外国公司应考虑下列法律问题。

Continue Reading 无涉外因素合同中仲裁机构和仲裁规则的选择

By Huang Tao and Dai Yue of King & Wood’s Dispute Resolution Group

Lacking knowledge of and exposure to China’s judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to specify becomes a sensitive and important aspect of contract negotiations for wholly foreign owned entities ("WOFE") and cooperative joint ventures ("CJV").

 

Continue Reading Forum Shopping in China: CIETAC vs. UNCITRAL

By Susan Ning and Yin Ranran

On June 30, the Ministry of Industry and Information Technology ("MIIT") issued the Opinion on Regulating Conducts of Basic Telecoms Enterprises on College Campuses ("MIIT Opinion").  The MIIT Opinion governs specified conduct by basic telecom enterprises1  -in relation to unfair competition issues within college or university campuses.

 

Continue Reading MIIT Issues Guidance to Maintain Fair Competition Order among Basic Telecom Operators on College Campuses

作者：张如积、张宇、蓝兵 金杜律师事务所公司组

一、《商品房销售明码标价规定》出台的背景

针对我国房地产市场在发展过程中出现的商品房价格上涨过快、市场过热等问题，自2010年4月以来，我国中央和地方相继出台了一系列政策予以调控。在前述政策基础上，2011年3月16日，国家发改委进一步出台了《商品房销售明码标价规定》（发改价格[2011]548号，“548号文”），并于2011年5月1日起实施。

Continue Reading 结合成都市之实际论《商品房销售明码标价规定》

By Zhang Ruji, Zhang Yu and Lan Bing of King & Wood’s Corporate Group

1.Background of the "The Provisions on Selling Real Estate at Expressly Marked Prices";

Starting in April 2010, China’s central and local governments issued a series of policies to regulate and control the soaring prices of real estate and the overheated real estate market in China. Based on these policies, on March 16, 2011, the National Development and Reform Committee (“NDRC”) issued The Provisions on Selling Real Estate at Expressly Marked Prices (“Provision No.548”), which was implemented on May 1, 2011.

Continue Reading Issues Relating to “The Provisions on Selling Real Estate at Expressly Marked Prices” With Consideration of Chengdu’s Local Situation

…but level of enforcement is still considered inadequate by anti-corruption watchdog Transparency International

By Ariel Ye and James Rowland of King & Wood’s Dispute Resolution Group

A month after Transparency International (“TI”) published its 2010 annual progress report on enforcement of the OECD Anti-Bribery Convention, the Australian Federal Police have charged two Reserve Bank of Australia subsidiaries, Securency and Note Printing Australia, with offences under the Criminal Code Amendment Act: Bribery of Foreign Public Officials.

Continue Reading Australian Authorities Prosecute Major Asian Bribery Case…

By Susan Ning, Liu Jia and Yin Ranran
The QQ / 360 battle broken out towards the end of 2010 (see our article entitled "The QQ / 360 Disputes – Who, What, Where, When and Preliminary Antitrust Analysis") has stirred lasting and heated discussions about anti-monopoly issues in the emerging Internet industry in China. 
 

About one month ago, Renmin University of China organized the thirteenth Anti-Monopoly Law Summit Forum, which was focused on discussion of fair competition in the Internet industry of China and protection of netizens’ interests.  Officials from various government agencies, such as the Law Committee of the National People’s Congress, Legislative Affairs of the State Council, the Ministry of Industry and Information Technology ("MIIT"), the State of Administration for Industry and Commerce ("SAIC’), the Ministry of Commerce, and the National Development and Reform Commission, as well as judges from the Supreme People’s Court participated in the forum..

Continue Reading Potential Monopoly In China’s Internet Industry Caught Attention of Chinese Competition Authorities

Susan Ning and Yin Ranran

Recently, the Ministry of Commerce (MOFCOM) announced that its Anti-monopoly Bureau is to put up a signboard for the "Office of State Council’s Anti-Monopoly Commission (AMC)".  According to Mr. Yao Jian, a spokesman for MOFCOM, the State Council has approved the formal establishment of the AMC Office (even though the AMC Office has been operational within MOFCOM since the enactment of the Anti-Monopoly Law (AML) in 2008).  

As the third anniversary of the AML draws near, Mr. Yao expects that this move will further enhance effective enforcement of the AML and the coordination among the various ministries under the AMC.

Continue Reading Formal Establishment of Anti-Monopoly Commission Office within MOFCOM Approved