By: Susan Ning, Angie Ng and Shan Lining

Last week (between 26 to 27 May 2011), it was reported in the press that Unilever has raised the prices of specific products (including Lux and Hazeline branded shampoos and shower gels) by 10% in some cities including Beijing, Shanghai and Guangzhou (Unilever’s price increases).  This was touted as a surprising move given that Unilever was recently fined by the price authority, the National Development Reform Commission (NDRC) in relation to conduct to do with its proposed price increases just earlier in the month (see below for more details to do with this fine) (Unilever’s price signaling conduct).

This article outlines details to do with Unilever’s price signaling conduct and subsequent price increases and examines whether or to what extent such conduct would be considered in breach of the Price Law and the Anti-Monopoly Law in China.Continue Reading Price signaling and price hikes – a breach of the Price Law or Anti-Monopoly Law?

By: Susan Ning, Shan Lining and Angie Ng

On 6 May 2011, the National Development and Reform Commission (NDRC) announced that a manufacturer of household and personal care products (the Manufacturer) has been fined a total of RMB2 million for breaching the Price Law.  The NDRC also appeared to have made some Anti-Monopoly Law (AML) references in relation to this case.Continue Reading Price hikes and price signaling

By Susan Ning, Liu Jia and Angie Ng

It’s been slightly over a month since the enactment of a national security review (NSR) process for foreign acquisitions of domestic businesses.  Thus far, it is not clear how many (if any at all) foreign-local deals have undergone the NSR process,  Pursuant to the rules and regulations1  which govern the NSR process, there is no obligation on the part of the Chinese government to publish any determinations (whether deals are approved or not) in relation to deals which undergo the NSR process.Continue Reading Local commerce administrative agencies and the national security review process

By Susan Ning, Yin Ranran, Huang Jing

There have been concerns about Chinese government’s foreign investment policy ever since the State Council announced the formal establishment of the national security review ("NSR") regime in China.  At a press conference of the Fourth Session of the 11th National People’s Congress held on March 7, 2011, China’s Minister of Commerce Chen Deming reiterated that China’s "opening-up" policy will remain unchanged.  According to Chen, whereas China is in the process of further opening up to the world, introducing the NSR regime ensures that national security concerns will be addressed in a transparent manner and it is in line with international practice. 

The NSR regime is not particular to China.  The United States first instituted the NSR process in the 1980s.  Other jurisdictions, such as Australia, Germany, Canada, also have similar processes (see our article entitled More on China’s national security review regime – the American regime vs the Chinese regime).  Through our research, we find that during the past few years, the following contemplated outbound investments by Chinese companies underwent the NSR process:Continue Reading List of Outbound Investments by Chinese Companies Scrutinized for National Security Concerns

By Susan Ning, Liu Jia and Angie Ng

In March every year, lawmakers and political advisers from the National People’s Congress (NPC) (Chinas equivalent of Parliament) and the Chinese People’s Political Consultative Committee (CPPCC) (China’s top advisory body) conduct sessions in Beijing to take stock of social, legal and economic issues in China for the preceding year; and discuss objectives (in relation to the same issues) for the year going forward1.    These sessions are often referred to as the "two sessions".

Two statements which have arisen during these two sessions; are of particular interest (from an antitrust law perspective):
 Continue Reading The annual “two sessions” and antitrust law noises

By Susan Ning, Angie Ng and Shan Lining

On 3 February 2011, China’s State Council released a notice which governs a national security review process for foreign acquisitions of domestic companies1.   This national security review process will be implemented on 5 March 2011.

Since the release of the notice, there has been a flurry of articles and commentaries in both the legal and business media circuit.  Foreign businesses who wish to invest in China are concerned that this is potentially another tedious clearance process (on top of the corporate, regulatory and antitrust clearance processes) to pass before they are free to close their proposed transactions.Continue Reading More on China’s national security review regime – the American regime vs the Chinese regime

By Ariel Ye and James Rowland

On 29 December 2010 the Information Office of the State Council (China’s cabinet) published a report detailing China’s past and present anti-corruption efforts (the "White Paper").1 This has been followed in quick succession by the publication of a report including the key facts and figures relating to China’s anti-corruption efforts in 2010 and a public statement by President Hu Jintao in his address to the Central Commission for Discipline Inspection that the Chinese government will wage a more forceful fight against corruption in future and that "More efforts should be made to investigate graft in key industries and key posts".2Continue Reading Details of China’s Efforts to Combat Corruption and Build a Clean Government Published in State Council White Paper

作者:叶渌罗必成 金杜争议解决组

2010年12月29日,国务院新闻办公室发布了一份详细介绍中国过去及目前反腐败建设的报告(以下称“白皮书”1。 中国政府之前发布了关于2010年反腐败建设主要事实和数据的报告。此外,国家主席胡锦涛在中央纪律检查委员会全体会议上的公开讲话中表示,中国政府将会采取更强有力的措施遏制腐败,并且“应该加大对重要行业中贪污和重要职位贪污的调查”2 。在此基础上,中国政府发布了白皮书。Continue Reading 《中国的反腐败和廉政建设》白皮书内容盘点