CPI TALKS…

CPI TALKS…

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 […]

China’s Fair Competition Review: Introduction, Imperfections And Solutions

China’s Fair Competition Review: Introduction, Imperfections And Solutions

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 […]

Vertical Restraints Versus Horizontal Agreements In The Manufacturer – Distributor Relationship

Vertical Restraints Versus Horizontal Agreements In The Manufacturer – Distributor Relationship

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 […]

NDRC’s Enforcement In 2016

NDRC’s Enforcement In 2016

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 […]

The Tetra Pak Case: Are Loyalty Rebates Treated Differently By The Chinese Antitrust Regulator?

The Tetra Pak Case: Are Loyalty Rebates Treated Differently By The Chinese Antitrust Regulator?

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 […]

At the Cutting Edge of PRC AML Private Litigation

At the Cutting Edge of PRC AML Private Litigation

By Dr. Zhan Hao & Song Ying – On August 1, 2008, China launched the Anti-Monopoly Law (“AML”), establishing a dual enforcement system comprising both public and civil enforcement measures.China’s private antitrust enforcement regime remained relatively quiet during its first four years. Since then, however, an increasing level of private antitrust enforcement action in China, accompanied by […]

All Eyes On Antitrust Enforcement In China’s Pharmaceutical Industry

All Eyes On Antitrust Enforcement In China’s Pharmaceutical Industry

By Adrian Emch & Jiaming Zhang – August 1, 2016 marks the eighth anniversary of the entry into effect of China’s Anti-Monopoly Law (“AML”). Enforcement of the law has gone through various phases, with the peak – at least in terms of press coverage – during 2014, culminating in the Qualcomm decision by the National […]

The 3Q case and the abuse of dominance analysis under China’s Anti-Monopoly Law

Yong Huang and Xin Zhang, March 20, 2016 On March 20, 2013, the Higher People’s Court of Guangdong Province gave its judgment on the case of abuse of market dominance of Beijing Qihoo Technology Co., Ltd. (“Qihoo”) vs. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as “Tencent”) […]

Relevant Market Definition and Market Dominance Identification

Huang Wei & Han Guizhen, March 20, 2016 The appellate dispute between Qihoo 360 Technology Co. Ltd. (“Qihoo”) and Tencent Holdings Limited (“Tencent”) regarding Tencent’s alleged abuse of market dominance was the first antitrust case ever tried by the China Supreme People’s Court (“CSPC”) and was also the longest-ever hearing held by CSPC so far, lasting […]

Interview with Judge Chuang Wang, Presiding Judge of Intellectual Property Tribunal

Interview with Judge Chuang Wang, Presiding Judge of Intellectual Property Tribunal

By Vanessa Yanhua Zhang Since the Anti-Monopoly Law (hereinafter “AML”) of China took effect in August 2008, private litigation has become one of the most important areas attracting scholars and practitioners’ attention. This November 2015, we were honored to have an interview with Judge Chuang Wang, Deputy Presiding Judge of the Third Civil Tribunal (Intellectual […]

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