In this issue:
On Feb. 1, five new regulations implementing the Chinese Anti-Monopoly Law came into effect, implemented by two key authorities, NDRC and SAIC. This issue, organized and introduced by Editor Adrian Emch (Hogan Lovells), explores these regulations in-depth. We’re highly honored to start with two articles from both authorities, introducing the rules in their own words. These are followed by insights from China experts working in the legal, academic, corporate, and public arenas, examining the regulations from different perspectives. This issue is a must read for anyone engaged in business in this dynamic region.
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Update: China
China’s New Conduct Rules Take Effect
An introduction to the issue by Adrian Emch (Hogan Lovells)
NDRC’s Antitrust Practice
Giving an overview of NDRC’s antitrust practice, including enforcement actions, normative effects, and international cooperation. Zhou Zhigao & Wan Jiang (National Development and Reform Commission, P.R.C.)
A Set of Five Regulations to Effectively Implement the Anti-Monopoly Law
Explaining the basic features of SAIC regulations, including important issues such as concerted practices and which factors justify abusive conduct. Anti-Monopoly & Anti-Unfair Competition Enforcement Bureau (State Administration for Industry & Commerce, P.R.C.)
Adding Antitrust to NDRC’s Arsenal
Analyzing the new NDRC regulations by taking into account the evolution of the NDRC as an institution as well as its other regulatory tasks. Nathan Bush & Yue Bo (O’Melveny & Myers)
NDRC’s Antitrust Enforcement Decisions
Putting the new NDRC regulations in a broader context by drawing lessons from specific cases in which the NDRC enforced the AML. Michael Zhengping Gu (Zhong Lun Law Firm)
Keeping Pace with SAIC: Monopoly Agreements and Abuses of a Dominant Position
Conducting a detailed examination of the new SAIC regulations, then highlighting several important questions that arise. Ninette Dodoo (Clifford Chance)
Unraveling the Jurisdictional Riddle of China’s Antitrust Regime
Describing how antitrust enforcement powers are allocated in China, while explaining their historical basis. Richean Li (University of International Business & Economics)
A Short Comparison of Certain Provisions of the new NDRC and SAIC Regulations
Screening, in detail, the NDRC and SAIC regulations to both highlight their differences and question how to reconcile concurrent jurisdiction. James Jeffs (Intel)
U.S.-China Antitrust Cooperation: Onward and Upward
Discussing the ongoing cooperation between U.S. and Chinese antitrust agencies, with a glimpse of possible future developments. Dina Kallay (FTC)
