FEB-15(1)

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 may be the year of the sheep, but the Chinese authorities have not been following any leaders—they’ve been forging their own paths in the competitive policy world. Anyone planning to do business in their backyard needs to be on top of the situation—even if just virtually.

 

China 2015 Update

Yong Lim, Yunyu Shen, Feb 12, 2015

A Tale of Two Courts: Handling Market Definition in Abuse of Dominance Cases Under Market Share-Based Statutory Power Presumptions in China and Korea

The SPC from the get go seems to have realized the need to maintain a modicum of flexibility in approaching market definition. Yong Lim & Yunyu Shen (Harvard Law)

Marc Waha, Feb 12, 2015

MOFCOM Simple Cases: The First Six Months

In the space of six months, in straightforward cases a “MOFCOM merger approval” has gone from a shorthand for administrative headache and significant deal delays to a reference to an efficient process delivering prompt and largely predictable outcomes. Marc Waha (Norton Rose)

Kiyoko Yagami, Feb 12, 2015

Merger Filing Regime in the PRC: Uncertainty Still Remains in the Concept of “Control” – Complex Dilemma Faced by Foreign Investors

Given MOFCOM’s more assertive enforcement of the merger control regime, foreign investors with a business