Dear Readers,
We are delighted to release our CPI Antitrust Chronicle® for March 2020, Year of the Rat: Antitrust in China, and present thirteen articles from Chinese enforcement officials, law and economics experts, and practitioners.
This China issue starts with two CPI Talks interviews with the senior officials of the antitrust authorities in China and Hong Kong respectively. The first interview is with Mr. Zhenguo Wu, Director General of the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”). The other interview is with Brent Snyder, Chief Executive Officer of the Competition Commission of Hong Kong.
Prof. Chenying Zhang provides an in-depth analysis of the current antitrust legal framework in China regarding digital competition, as well as the proposed amendments to the Anti-Monopoly Law (“AML”).
Prof. Wei Han and Yajie Gao further discuss the AML-related developments, and the relationship between the AML and other laws. They have also looked into the coordination between administrative competition authorities and the courts, as well as coordination between the SAMR and other government authorities.
In 2019, the Shanghai Branch of SAMR completed its years-long investigations against Eastman Chemical, which is one of three completed investigations against multinationals that year. Dr. Vanessa Yanhua Zhang and Prof. John Jiong Gong analyze the decision of the Shanghai authority.
In 2019, SAMR approved five high profile concentrations subject to conditions, namely KLA-Tencor/Orbotech, Cargotec/TTS, II-VI/Finisar, Garden Bio/DSM and Novelis/Aleris. John Yong Ren, Wesley Zhining Wang, and Martha Shu Wen analyze the five cases from both procedural and substantial perspectives.
China’s administrative agencies and courts have adopted different standards when applying the AML to Resale Price Maintenance (“RPM”) agreements. Kate Peng, William Ding, Lingbo Wei, Chi Pan, and Jake Wu analyze the differences between administrative enforcement and judicial practices and the reasons behind them.
China is the largest semiconductor market in the world. Wei Huang and Bei Yin examine recent antitrust enforcements in the semiconductor industry, summarize the characteristics and common concerns of the merger reviews, and discuss the relevant antitrust investigations.
Michael Han and Joshua Seet review another industry in which China has seen high levels of antitrust enforcement activity, the pharmaceuticals and medical products industry.
The chemical industry has also been a focus of vigorous antitrust enforcement in China in recent years. Yi Xue and Yikai Yang review 28 anti-monopoly investigations in the chemical industry in China and observe that there are more abuse of dominance cases in the chemical industry than in others.
As one of the largest expenditures for households in China, automobiles are a focal point of antitrust enforcement. Jet Deng and Ken Dai examine major enforcement decisions and private litigation in the automobile industry in the past few years.
Zhan Hao, Song Ying, Lv Hongjie, and Wei Fei have reviewed the antitrust law framework and the latest developments in the internet industry in China.
China’s courts and antitrust authorities have increasingly played active roles in setting FRAND royalty rates for the wireless communication industry. He Jing analyzes the factors that Chinese stakeholders need to consider when dealing with FRAND rate setting cases, particularly in international cases.
We would like to thank our contributors for their efforts and dedication to our March 2020 CPI Antitrust Chronicle, and hope you enjoy reading this special China issue.
Sincerely,
Vanessa Yanhua Zhang, Ph.D.
Global Economics Group and Market & Regulation Law Center, Renmin University
