宁宣凤、姜丽勇、郑孜青和Angie Ng 反垄断及反不正当竞争小组
Ⅰ简介：
在中国，由以下两个部门负责合并控制：
a商务部反垄断局：负责受理和审查经营者集中申报的具体执法工作。
b反垄断委员会（国务院的下属部门）：负责相关并购规定和指引的制定和发布。该委员会实际上是一个议事协调机构，指导和协调商务部、国家发展和改革委员会和国家工商管理总局三个执法机构的工作。
Merger Control Review 2009 – China
By King and Wood on
Posted in compliance
Susan Ning, Jiang Liyong, Zheng Ziqing, and Angie Ng, Antitrust & Competition.
I INTRODUCTION
The following two authorities deal with mergers:
a the Anti-Monopoly Bureau within the Chinese Ministry of Commerce (‘Mofcom’) is the authority responsible for reviewing and clearing merger filings; and
b the Anti-Monopoly Commission (a division of the State Council) is the authority responsible for formulating and issuing merger guidelines (it is also the coordinating government agency between Mofcom and the two other antitrust enforcement agencies, the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC)).
Shanghai Pudong New Area May Launch PE Pilot Program Involving Qualified Foreign Limited Partners
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Posted in Banking & Finance
By Zhang Yi, Alan Du and Ge Jiaying, King & Wood’s Banking & Finance Group
On March 15, 2010, Shanghai Municipal Government approved a pilot program in which foreign investors may become qualified foreign limited partners ("QFLP") of private equity investment funds ("Pilot Program") on its executive meeting. The Pilot Program, which is subject to confirmation and approval of the State Administration of Foreign Exchange ("SAFE") and other relevant authorities, is expected to be officially announced soon.
BHP / Potash – and Chinese Antitrust
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Posted in Corporate
By Susan Ning, Liu Jia, Huang Jing and Angie Ng, King & Wood’s Competition Group
BHP Billiton (BHP)(1), a global natural resources company, has recently launched a hostile bid (the bid) to purchase PotashCorp (Potash)(2), a leading potash producer based in Canada.
This proposed acquisition is likely to have an impact in the Chinese potash industry.
中国自主创新政策及其对外国知识产权所有人的影响
By King and Wood on
Posted in Intellectual Property
彭荷月, 金杜律师事务所知识产权团队
自去年年底以来，我们陆续收到一些外国企业有关中国“自主创新”政策的咨询，他们对该政策存有不少顾虑，担心这项政策会强迫其将知识产权转移到中国，或者会限制外国企业与中国本土企业的竞争，影响其在中国市场的经营。
China’s Indigenous Innovation Policy and its Effect on Foreign Intellectual Property Rights Holders
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Posted in Intellectual Property
By Peng Heyue, King & Wood’s IP Department
Since the end of 2009, King & Wood has received regular requests from a number of foreign enterprises for advice on China’s ‘Indigenous Innovation’ Policy. These firms are concerned that the new policy will either force the transfer of their IP rights to China or will influence their business operations in the Chinese market by limiting their ability to compete with local domestic firms.
Two Years On, Ten Antitrust Private Actions
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Posted in compliance
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
Legal Issues on IT Outsourcing of Financial Institutions
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Posted in Banking & Finance
By Li Jinnan and Jiang Hualiang, King & Wood’s Banking & Finance Practice
With the recent development of the service outsourcing industry, an increasing number of financial institutions (including banks, securities companies, insurance companies and fund management companies) use financial service outsourcing to reduce costs, enhance core competitiveness, and accomplish strategic goals. Financial institutions are able to benefit significantly from IT outsourcing, which is an important part of financial service outsourcing. At the same time, they must also confront the managing risks that are associated with IT outsourcing. Based on our past experience with counseling on IT outsourcing to financial institutions, the followings are the primary legal issues relating to the terms in and execution of IT outsourcing agreements, using banking institutions ("banks") as examples. The discussion will focus on how banks should manage potential risks from negotiating such an agreement.
Continue Reading Legal Issues on IT Outsourcing of Financial Institutions
US Insurance Inquiry – Possible Fallout for China?
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Posted in Insurance
By Yuan Min, Partner, King & Wood’s Insurance Group
Recently, the Associated Press reported that the New York State Attorney General has served subpoenas on two major multi-national life insurers as part of that office’s inquiry into those companies policies for paying death benefits to life insurance policyholders’ beneficiaries. This news comes after Bloomberg News reported that the United States’ Department of Veterans’ Affairs has begun an investigation into the possibility that life insurance companies are improperly benefiting by holding onto death benefit proceeds after these should have been paid to death benefit beneficiaries.
Continue Reading US Insurance Inquiry – Possible Fallout for China?
Regulations on Divesting Assets – Enacted
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Posted in compliance
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.