In this issue:

Every year we celebrate the Chinese new year with an authoritative collection of articles on recent developments in China, sponsored by Adrian Emch (Hogan Lovells). It’s the year of the horse and, appropriately, the Chinese agencies are making great strides in refining their competition activities and decisions. Anyone planning to do business in their backyard needs to be on top of the situation—even if just virtually.

China – 2014 Update

Jet Zhisong Deng, Devin Du Ning, Feb 11, 2014

The Impact of the Newly Revised Consumer Protection Law on Private Antitrust Enforcement in China

This legislative change may possibly lead to quasi-class actions in China, which will make private enforcement a comparatively powerful weapon against anticompetitive conduct. Jet Zhisong DENG (Dacheng Law Offices) & Devin Du NING (University of International Business and Economics)

Fei Deng, Su Sun, Feb 11, 2014

Determining the FRAND Rate: U.S. Perspectives on Huawei v. InterDigital

In China, although economic experts have started to play a role in antitrust cases, they are still absent in intellectual property litigation. Fei DENG (Edgeworth Economics) & Su SUN (Economists Incorporated)

Ninette Dodoo, Feb 11, 2014

Towards a Simplified Review Procedure for Mergers in China

However, the broad exceptions to the simple case designation, and the scenarios in which simple status can be withdrawn, risk undermining the effectiveness of the proposed simplified procedure. Ninette DODOO (Freshfields Bruckhaus Deringer)

Yan Luo, Fang Qi, Marshall Yan, Feb 11, 2014

Consideration of Economic Evidence by Chinese Courts in Antitrust Litigation

Given that the economically contextual terms and the “rule of reason” analysis are embedded in the AML, judges in AML litigation have to carefully consider economic evidence generated by parties with opposite interests. Fang QI (Fangda Partners), Marshall YAN (Cornerstone Research), & Yan LUO (Covington & Burling)

David Stallibrass, Jing Wen, Feb 11, 2014

Geographic Market Definition in China – Inching Towards Convergence?

Perhaps for the first time it is possible to attempt a comparative analysis of a single detailed element of antitrust decisions in China: the treatment of geographic market definition by MOFCOM and the Chinese courts. David STALLIBRASS (Shanghai Jiaotong University & CRA) & Jing WEN (CRA)

Clare Gaofen Ye, Feb 11, 2014

Combating Monopoly Agreements Under China’s Anti-Monopoly Law: Recent Developments and Challenges

This extension of leniency program to vertical agreements is not common in antitrust practices outside China. Clare Gaofen YE (Zhejiang Science and Technology Univ.)