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By Susan Ning and Ding Liang, King & Wood’s Competition Group

In September 2010, Wuxi Baocheng Vehicle Cylinder Inspection Co. Ltd (WB) filed a civil suit to against Wuxi China Resources Gas Co., Ltd (WCR), alleging that the latter abused its dominance, in breach of the Anti-Monopoly Law (AML) (the “WB-WCR case”). WB is engaged in the business of inspecting and installing compressed natural gas vehicle cylinders. WCR owns and operates natural gas filling stations. WB alleged that WCR abused its dominance by refusing to fill natural gas for a vehicle that was installed with a natural gas cylinder installed by WB, in breach of Article 17(3) of the AML. (1)

Continue Reading Natural Gas Cylinders and Abuse of Dominance

 By Helena Chen and Charles Law, King & Wood’s Cross-Strait Research Group

Since the beginning of Ma’s leadership in Taiwan in May 2008, cross-strait relations have grown considerably closer. For example, the First Cheng-Chiang Summit in June 2008 expanded direct passenger flights and facilitated mainland residents’ travels to Taiwan. The Second Cheng-Chiang Summit in November 2008 explored issues relating to air transportation, shipping links, direct mail services, and food safety. In addition to establishing a consensus on jointly promoting PRC investment in Taiwan, the Third Cheng-Chiang Summit in April 2009 gave way to three agreements: Agreement on Joint Cross-Strait Crime-fighting and Mutual Judicial Assistance, Cross-Strait Financial Cooperation Agreement, andSupplementary Agreement on Cross-Strait Air Transport. As a result, Taiwan began amending and implementing laws and regulations concerning mainland investment in Taiwan.Continue Reading Mainland Investment in Taiwan: Who Is the First to Take Advantage of Economic Deregulation?

By Susan Ning and Ding Liang, King & Wood’s Competition Group

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 actions). This article describes one of the cases – Huzhou Yiting Termite Prevention Service Co., Ltd vs. Huzhou Termite Prevention Research Institute (an alleged abuse of dominance case) – in detail.Continue Reading Termites and Abuse of Dominance

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 actions).

This article describes one of the cases – Sursen v Shanda and Xuanting (an alleged abuse of dominance case) – in detail.Continue Reading Sursen v Shanda and Xuanting – Abuse of Dominance Case Dismissed

By Susan Ning, Angie Ng and Zheng Ziqing, King & Wood’s Competition Practice

Antitrust or competition law rules governing vertical restraints (such as resale price maintenance) are significant in China because as a manufacturing “hub”, vertical contracts or agreements such as manufacturer-distributor agreements are very common.

This article outlines the rules governing resale price maintenance (RPM), pursuant to the Anti-Monopoly Law (AML); and compares these rules to the rules governing RPM pursuant to the European competition law.Continue Reading Rules Governing Resale Price Maintenance in China

By Wang Rui, Qiu Shaolin, and Duncan Hwang, King & Wood’s IP Practice

With the rapid growth of China’s online video gaming market, China has become a particularly appealing target market for both Chinese and foreign online game developers, particularly those developing Massively Multiplayer Online Role-Playing Games (MMORPG). In 2009, 35 imported online games obtained approval for release in China, and imported games have accounted for 38.8% of China’s CNY 25.8 billion online gaming industry.Continue Reading Issues Foreign Video Game Developers Face in Introducing Online Games to the Chinese Market

By Li Jinnan, Partner, King & Wood’s Banking Group 

The expansion of bank-trust cooperation and the practice of repackaging off-the-book bank loans into trust products for sale to consumers came under unprecedented scrutiny this July as the China Banking Regulatory Commission ordered trust companies to cease all cooperative work with banking organizations.

Recent reports reveal that the complete shutdown of bank-trust cooperation has now been repealed, but the CBRC’s new circular allowing banks to resume cooperation with trust companies has place a number of new conditions on the once burgeoning industry.Continue Reading Trust Products Back on the Market

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 actions).This article describes one of the cases – Li Fangping vs China Netcom – in detail. This was thContinue Reading Li Fangping vs China Netcom – Abuse of Dominance Case Dismissed

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.

Continue Reading Shanghai Pudong New Area May Launch PE Pilot Program Involving Qualified Foreign Limited Partners