This issue was managed by our editorial board member, Adrian Emch from Hogan Lovells, who also arranged for several of the translations. Many thanks!
With the arrival of the new year of the dragon, China has completed its third full year of implementation of the Anti-Monopoly Law. While we are clearly still at the beginning of China’s antitrust history, the track record is becoming more significant and richer by the day. Today, antitrust in China is increasingly diverse, and this edition of the CPI Antitrust Chronicle reflects this diversity. The eight articles in this edition discuss both merger and non-merger topics, starting with the latter. Happy reading and Happy New Year!
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China Update: Non-Merger Topics
New Developments in Civil Antitrust Litigation in China
Courts not only achieved progress in terms of case acceptance and adjudication, but also made a huge step forward in the setting-up of the civil antitrust litigation system. Zhu Li (Supreme People’s Court)
Conflict and Coordination Between Sectoral Regulation and Competition Law Enforcement in the Information Industry
There is potential for conflict and overlap between the industry-specific regulations and competition law when considering the rules of both the Anti-Monopoly Law and the Anti-Unfair Competition Law in China. Li Huiying (Ministry of Industry and Information Technology)
The Application of China’s Anti-Monopoly Law to State-Owned Enterprises in Special Industries The Example of the China Telecom and China Unicom Case
This antitrust case also exposes a string of other questions about the unique situation of state-owned enterprises in China. Meng Yanbei (Renmin Univ.)
Brands, Consumer Protection, and Antitrust Why China is Special
There are good reasons for thinking that a strong brand confers more market power in China. David Stallibrass (UIBE & RBB Econ.) & Jenny Xiaojin Huang (CASS)
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China Update: Merger Topics
An Analysis of China’s Merger Control System
The competition analyses have grown to be more sophisticated, and the discussion on the remedy aspects has become more detailed. Cui Shufeng (Ministry of Commerce) & Rong Hongzhi (Decheng District People’s Gov’t)
Merger Control under Chinese Law Practical Matters from the Applicant’s Perspective
The framework of China’s merger control regime has been complemented by a number of regulations, guidance documents, and implementation measures. Dr. Dirk Elvermann, Edwin C. Li, & Patrick Chan (BASF)
How to Deal with Merger Control of Listed Chinese Companies
Although Chinese companies listed abroad are foreign companies in the legal sense, they may be subject to review by the merger control authority in China. Liyong Jiang (Gaopeng & Partners)
A Practitioner’s Look at Merger Control Remedies in China
The remedies imposed in China are sometimes quite creative and do not always seem burdensome for the parties. Franois Renard (Allen & Overy)
