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Interview of Roy Zhang of King & Wood’s Banking Department by Zhang Tianhui and He Ran of King & Wood’s Publications Group

Financing is a critical consideration in M&A transactions. For a long period of time, financing large scale strategic M&As of listed companies in China has been a bottleneck. As such, it is important for companies to study successful M&A experiences from abroad and develop additional venues and tools for financing and venues for such transactions.Continue Reading Financing Mergers & Acquisitions in China Today

By: Susan Ning and Shan Lining.

On 30 October 2010, it was reported in the press1 that the People’s Court has thus far accepted 11 antitrust cases (for the period 1 August 2008 to June 2010). Out of these 11 cases, 10 were antitrust civil cases (see our previous article entitled Two Years on, Ten Antitrust Private Actions) and 1 was an antitrust administrative action.Continue Reading 11 Private Antitrust Cases Lodged; Judicial Interpretations Coming Up

By Susan Ning, Ding Liang and Angie Ng, King & Wood’s Competition Practice.

In late August 2010, it was reported in the press that at least 10 antitrust private actions have been heard in the courts in China (see Two years on, ten private antitrust action

This article describes one of the cases, Zhou Ze v. China Mobile Beijing (the Zhou Ze case), in detail. This was an alleged abuse of dominance case – which was later settled.Continue Reading Zhou Ze v. China Mobile Beijing – Alleged Abuse of Dominance Case

By Susan Ning, Shan Lining and Angie Ng, King & Wood’s Competition Practice.

On 26 October, a couple of Chinese airlines, including Air China, China Eastern Airlines, Shandong Airlines, Xiamen Airlines, Hainan Airlines, Capital Airlines and Shenzhen Airlines announced, separately, that they were going to raise passenger fuel surcharges for domestic flights.(1)  

Continue Reading Passenger Fuel Surcharge Hikes

By Meg Utterback and Ding Liang of King & Wood’s Cross border dispute resolution Practice

As the United States mid-term elections draw near, we can expect greater protectionist measures from the US government in an effort to appease voters who are demanding an improvement in the US unemployment statistics. One such protectionist measure is the initiation of the recent 301 investigation relating to allegations that the Chinese clean technology and renewable energy sectors are being unfairly advantaged by government subsidies.   Almost all countries are subsidizing the renewable sector in one form or another in hopes of easing the world’s dependence on fossil fuels. It seems however that the US has taken umbrage with the extent of Chinese programs supporting the clean technology and renewable energy industries.Continue Reading China Clean Tech at Risk– Initiation of the Recent Section 301 Investigation

 By Meg Utterback, Ariel Ye and James Rowland of King & Wood’s Cross Border Dispute Resolution Practice

The majority of cases, whether in court or arbitration, are settled. Parties weigh a variety of factors from the start of the dispute to award, constantly performing a cost benefit analysis. Generally speaking, issues such as principle and precedent often preclude a settlement. Parties will refuse to consider a good settlement if it violates an internal principle, e.g. no payment, even nominal, in the absence of liability;Continue Reading Arbitration Negotiation Tips

By Susan Ning, Huang Jing and Angie Ng, King & Wood’s Competition Group

On 14 October 2010, the PRC National Copyright Administration (NCAC) published two pieces of regulations (the regulations) which govern the collection of copyright royalties for movies provided on the Internet, on flights and on public transport.(1)   Recently there have been concerns from internet cafes that these royalties are unreasonably high.(2)   There has also been some discussion in the press that these alleged “high” royalties could constitute an abuse of intellectual property rights, in breach of Article 55 of the Anti-Monopoly Law (AML).(3)Continue Reading Domestic Movie Royalties – Too High?

 By Kenneth Choy, Partner, King & Wood Hong Kong

Rhombus Hotel and Resorts is a Vancouver based group that owns and operates three boutique hotels in Hong Kong. They are planning to open a fourth one next year to be named “Hotel MO by Rhombus” that they described in their website as “a Modern and Outstanding boutique hotel” in the heart of the Western District in Hong Kong.  As part of the preparation for the hotel opening, they formed two Hong Kong companies, HOTEL MO LIMITED and HOTEL MO MANAGEMENT LIMITED. As they gear up for the opening, they encountered opposition from a major hotel group.Continue Reading Hotel Trademark Dispute in Hong Kong

 By Fu Haiying, Partner, King & Wood’s IP Department

On April 24, 2009, the Changsha Intermediate People’s Court (the "Court") made a judgment in Michelin Group vs. Tan Guoqiang and Ou Can. In this first instance, the Court ruled that the Defendants, tire dealers Tan Guoqiang and Ou Can, infringed upon the Plaintiff’s exclusive right to use the registered trademark, "MICHELIN & Device," by selling imported Japanese-made tires (targeting the Brazilian market) without consent from the trademark owner and without obtaining a Chinese Compulsory Product Certification ("3C Certification").Continue Reading Trademark Infringement in Parallel Importation