Antitrust & Competition

By Susan Ning, Kate Peng and Yunlong Zhang

 

On December 4th and 5th, 2012, the first China Competition Policy Forum (the “Forum“) was held in China University of  Political Science and Law.  The Forum was sponsored by the expert advisory group of the Anti-monopoly Commission of the State Council.   The Directors-General of the three enforcers under the Anti-Monopoly Law (the “AML“), i.e. the Ministry of Commerce (“MOFCOM“), the National Development and Reform Commission (“NDRC“) and the State Administration for Industry and Commerce (“SAIC“) attended the Forum and introduced the latest development of their AML enforcement activities.1

According to Director-General Shang Ming (尚明) of the Anti-Monopoly Bureau of MOFCOM, up to September 30, 2012, a total of 622 merger notification filings were received by MOFCOM, among which 562 were accepted and 510 were closed.  Amongst the cases having been closed, only 1 case was rejected (i.e., Coca Cola’s acquisition of Hui Yuan) and 15 cases were cleared with conditions.   Mr. Shang mentioned the publication of 458 unconditionally approved cases in November this year2,    and indicated that MOFCOM would regularly summarize and release the unconditionally cleared cases in the future.

 
Continue Reading Heads of the Three Antitrust Enforcement Agencies Attended the First China Competition Policy Forum

By Susan Ning, Kate Peng and Yunlong Zhang

The Price Bureau of Guangdong Province (“GDPB“) recently published an article about an investigation in a price-fixing cartel among sea sand dredging companies on its official website 1.  According to the article, the price of sea sand in Guangdong province rose from around RMB20 per cubic meter to over RMB40 per cubic meter since 2009, which seriously affected the progress of many major infrastructure projects of the State.  This unusual trend attracted the attention of the government of Guangdong province.  In order to find out the reason behind the price increase, GDPB initiated an investigation in February 2012 under the guidance of the Price Supervision and Anti-monopoly Bureau of the National Development and Reform Commission (“NDRC“).
Continue Reading Price Bureau Uncovered and Punished a Price-Fixing Cartel under the Leniency Program

By Susan Ning, Sun Yiming and Kate Peng

On the International Symposium on Controversial Issues regarding Chinese AML Enforcement held in Hangzhou on Monday this week, both the National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce (“SAIC”) announced that they will increase the transparency of their enforcement actions under the AML. 

NDRC and SAIC are the regulators for anti-monopoly conducts in China. The powers are divided between the two authorities in the way that NDRC is responsible for price-related monopoly conducts, and SAIC is responsible for non-price related monopoly conducts.Continue Reading Chinese Antitrust Regulators Vow to Increase Transparency

By Zeng Xianwu King & Wood’s Foreign Direct Investment (FDI) Group

Since the reform and opening-up policy was introduced in 1978, especially in the past ten (10) years, the People’s Republic of China (the "PRC" or "China") has undergone significant changes.  China is a growth engine for the worldwide economy, fueling global expansion via higher output and trading relationships with other nations as well as greater contributions from domestic consumption.  Over last nine (9) months of 2011, China has already attracted contractual inbound foreign direct investment of USD177.8 billion.  Notwithstanding China’s status as one of the world’s largest economies, and the massive amounts of foreign money invested in China, the basic laws and rules in China governing foreign investment seems mysterious for those who want to invest in China or are accustomed to laws of their countries.Continue Reading Overview of Doing Business in China