作者:宁宣凤尹冉冉、郑孜青、吉凯伦

《中华人民共和国反垄断法》(以下简称《反垄断法》)自2008年8月1日起实施生效,至今已满5周年。5年来,商务部作为经营者集中审查的主管机关,共审结了逾640起交易,除19起获得附条件批准的交易和1起受到禁止的交易外1,其他交易均获得了无条件批准。5年时间,反垄断的概念在各界的争议和探讨中逐渐深入人心,而商务部的执法能力亦随着实践不断提高,经营者集中附加限制性条件制度也日趋成熟。本文从实务工作者的角度简要回顾和总结经营者集中审查制度及附条件执法的实施情况,以期为企业带来一二启示。
Continue Reading 中国经营者集中审查及附条件执法五年综述

By Susan Ning, Hazel Yin, Ziqing Zheng, Kailun Ji

August 1st, 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (“AML”).  Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.

During the past 5 years, the Ministry of Commerce (“MOFCOM”), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and 1 case that was denied.1   MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime.  This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.
Continue Reading Review of Merger Control and Merger Remedies Regime in China: From 2008-2013

On April 21, 2009, China’s Supreme People’s Court promulgated its “Opinion on Several Issues Concerning Trials of IP Cases to Serve the Public Interest under the Current Economic Environment” In this Opinion, the Supreme People’s Court first clarifies that injunctive relief should not necessarily be granted in all intellectual property infringement cases. Under certain circumstances, the Court stated that an award of reasonable or sufficient damages can be an effective substitute for claims of injunctive relief.

Xu Jing, Partner, Intellectual Property


Continue Reading Injunctive Relief Alternatives in IP Related Cases in China