The KFTC’s Extraterritorial Overreach By James F. Rill & John M. Taladay* Click here for a PDF version of the article Introduction The Korea Fair Trade Commission’s recent decision against Qualcomm is notable as one of the most significant examples of intentional territorial overreach by an antitrust enforcer in memory.[1] The KFTC’s remedy ignores principles […]
Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]
In his New Year speech on December 31, 2016, President Xi Jinping stated that “[f]or the Chinese people, the year of 2016 is not only outstanding but also unforgettable…. We actively promoted the building of rule-of-law in this country, deepened the reform on the judicial system, enhanced judicial justice in all aspects, and maintained social […]
By Vanessa Yanhua Zhang Interview with Mr. Handong Zhang, Director General of the National Development and Reform Commission (NDRC) of P.R. China Since the Anti-Monopoly Law (“AML”) took effect in August 2008, agency enforcement has been an important area that attracts scholars and practitioners’ attention. We are very honored to have an interview, conducted in […]
By Yong Huang and Baiding Wu – In recent years, the issue of “fair competition review” has become a key priority for the Chinese Central Government in its consideration of competition policy and a hot topic in the circle of Chinese agencies, jurists and economists specialized in competition policy. China has attracted widespread attention since […]
By Judge Wenlian Ding – There is no doubt that the license fee of Standard Essential Patents (“SEPs”) can be priced by a judge’s ruling. On the one hand, such price determined by a judge’s ruling is difficult to be as accurate and fair as market pricing, while on the other hand, pricing based on the […]
By Ping Lin and Tom Ross – Hong Kong’s Competition Ordinance (“CO”) came into effect on December 14, 2015. This article reviews what proved to be an active first year for the new competition policy regime. The authors begin by summarizing the considerable amount of work undertaken by the Hong Kong Competition Commission (“HKCC”) in advance […]
By John Jiong Gong and Vanessa Yanhua Zhang – Since the enforcement of the Anti-Monopoly Law (“AML”) in China, there have been several high-profile antitrust litigations involving vertical restraints in the manufacturer-distributor relationship. In China vertical restraints are also called vertical monopoly agreements in the context of the AML. In 2013, the Shanghai Higher Court set […]
By Susan Ning, Kate Peng, Sibo Gao and Ting Gong – Since the enactment of the Anti-monopoly Law (“AML”) in 2008, China’s AML enforcement has gained momentum, especially over the past three years. This development makes China one of the most important jurisdictions to which the companies need to pay close attention. 2016 was an intensive […]
By Michael Han, Andrew Skudder and David Boyle – In November 2016, the SAIC published its penalty decision against Tetra Pak. Following a thorough investigation, the SAIC imposed a fine of USD $97 million on Tetra Pak for abusing its dominant market position in the liquid food aseptic carton packaging industry. The SAIC’s decision in […]