Against the backdrop of the Belt & Road Initiative and more Chinese state-owned enterprises (“SOEs”) going outbound, if you are a prudent stakeholder, you are possibly concerned about whether you have a probable path to judicial resolution of recovery from an SOE in case there is any dispute. It can be confusing whether SOEs qualify for state immunity.
Continue Reading Do state-owned enterprises enjoy sovereign immunity?
State-owned Enterprises
Chinese Antitrust Enforcement Agencies Ready to Show Teeth to Large State-owned Enterprises?
By King and Wood on
Posted in compliance
By Susan Ning, Sun Yiming and Liu Jia
Most recently, the hottest topic on China’s Anti-monopoly Law (AML) is a piece of news spreading on the internet, indicating that China Telecom, one of China’s largest state-owned enterprises is under antitrust investigation conducted by a "relevant" competition authority for its suspected abuse of dominance in broadband market. If the abuse is successfully established, China Telecom may face huge fines under the AML. The news is also quoted by Xinhuanet.com, an authoritative website run by the government. However there has been no formal response from China Telecom or any competition authorities so far in this respect.
This article outlines details to do with China Telecom’s conduct and examines whether or to what extent such conduct would be considered as an abuse of dominance and thus in violation of the AML.
…