Adrian Emch

Hogan Lovells (Beijing), China Competition Bulletin (Beijing)
Lawyer (Partner)

Adrian Emch is a specialist in competition/antitrust law. Adrian has broad experience in all aspects of competition law, including merger control, multi-jurisdictional merger filings, cartel investigations and antitrust counselling. Adrian is a lecturer of competition law and member of the faculty at Peking University’s Law School. Prior to joining Hogan Lovells, Adrian completed an internship with the Directorate-General of Competition at the European Commission (DG COMP) and was in private practice in Brussels and Beijing in the field of competition law.

Distinctions

Linked authors

Sidley Austin (Beijing)
Sidley Austin (Beijing)
Sidley Austin
University of Melbourne
China Competition Bulletin (Beijing)
University of Melbourne
Hogan Lovells (Hong Kong)
Hogan Lovells (Beijing)

Articles

5531 Bulletin

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese Sandong and Ningxia Administrations for Industry and Commerce fine a public undertaking for forcing several companies to purchase goods (Jinan Public Transportation / Yinchuan Public Transportation)

124

On 21 April 2016, the SAIC reported a case where the Shandong AIC and the Ningxia AIC fined local bus companies for breaching Article 6 of the AUCL, which provides that public enterprises and other state- sanctioned monopolies must not force others to purchase goods from designated parties and (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese Supreme People’s Court dismisses an application to re-try a case in Shaanxi involving taxis and exclusive dealing (Taxi case)

268

On 17 March 2016, the Supreme People’s Court (SPC) released its decision to dismiss an application to re-try a case in Shaanxi involving taxis and exclusive dealing. In that case, two private local taxi companies sued three other local taxi companies for exclusive dealing. The SPC made its (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese National Development and Reform Commission releases draft antitrust guidelines on leniency and commitments for public comment

121

On 2 February 2016, the NDRC released both the draft Guideline on the Application of Leniency in Cases Involving Horizontal Monopoly Agreements (draft leniency guideline) and the draft Guideline on Commitments in Anti-Monopoly Cases (draft commitment guideline) for public comment. The public (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese National Development and Reform Commission and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment

127

On 31 December 2015, the NDRC issued the Guideline on the Abuse of Intellectual Property Rights (Consultation draft) (NDRC draft IPR guideline) for public comment. The public consultation period ended on 20 January 2016. The NDRC provided an update on consultation process on 1 February 2016. It (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese Gansu Development and Reform Commission fines several undertakings in the car maintenance industry to address price fixing and administrative monopoly conduct (Wuwei)

114

The Gansu Development and Reform Commission (Gansu DRC) recently undertook enforcement action in the car maintenance industry in Wuwei. One case involved pricing fixing, and the other was an administrative monopoly case. Price fixing The Gansu DRC fined 22 car maintenance businesses in Wuwei (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese National Development and Reform Commission and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)

113

Both the NDRC and the Chongqing Administration for Industry and Commerce (Chongqing AIC) have recently taken enforcement action to address anticompetitive conduct involving allopurinol. Allopurinol tablets are a common treatment for gout (known as hyperuricemia), widely used in clinical (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese MOFCOM approves an acquisition of additional shares of a Chinese brewery by a competitor (Anheuser-Busch InBev’s / Zhujiang Brewery)

139

On 20 August 2015, the MOFCOM approved Anheuser-Busch InBev’s acquisition of additional shares in Zhujiang Brewery. After the acquisition, Anheuser-Busch InBev’s interest in Zhujiang Brewery will be increased from 25.62% to 29.99%, but the composition of the board of directors and the supervisory (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC finds that a municipal health and family planning commission has abused its administrative power in its drug procurement practices (Bengbu Health Commission)

120

On 17 August 2015, the NDRC found that the Bengbu Municipal Health and Family Planning Commission (Bengbu Health Commission) had abused its administrative power in its drug procurement practices. This is the NDRC’s first published antitrust enforcement decision in the pharmaceutical industry (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Yunnan Development and Reform Commission investigates abuse of administrative power and cartel conduct (Yunnan Provincial Communications Authority)

294

Yunnan DRC investigates abuse of administrative power and cartel in the telecommunications industry in Yunnan* On 2 June 2015, the NDRC announced that its local office in Yunnan Province, the Yunnan Development and Reform Commission (Yunnan DRC), found that the Yunnan Province Communications (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Hunan Administration for Industry and Commerce fines a cartel for monopolising the market (Mayang Miao Autonomous County shale brick operators)

123

Hunan AIC investigates shale brick cartel in Mayang* On 1 June 2015, the SAIC published the decisions made by the Hunan Administration for Industry and Commerce (Hunan AIC) in December 2014 and January 2015 relating to its investigation into a shale brick cartel in the Mayang Miao Autonomous (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)

146

One of China’s first administrative monopoly court cases heard in Guangdong* On 28 May 2015, the Guangdong High People’s Court heard the appeal of the administrative monopoly case against the Guangdong Education Department filed by Shenzhen Sware Technology. The court is expected to announce its (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong, China Unicom, China Telecom)

161

Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)

67

Three Cement Companies in Jilin Province Fined RMB 114 million for Price Fixing* On 9 September 2014, the NDRC announced that its local price bureau in Jilin Province, the Jilin Price Bureau, had fined 3 cement companies (Jilin Yatai, Northern Cement, and Jidong Cement) a total of RMB 114.39 (...)

Adrian Emch The Chinese SAIC holds a meeting with certain industry participants to obtain feedback on the latest draft Regulation on the Prohibition of Conduct Eliminating or Restricting Competition through Abuses of IPR

78

High tech under scrutiny in China* On April 26, 2013, the State Administration for Industry and Commerce (“SAIC“) - one of China’s three antitrust law enforcement bodies - noted on its website that it had held a meeting with certain industry participants to obtain feedback on the latest draft (...)

Adrian Emch, Chen Yang, Henry Ding, Zhengyu Tang The Chinese MOFCOM recent merger decision on consumer electronics highlights the continuing challenges in Chinese merger control procedure (Panasonic / Sanyo)

98

On October 30, 2009, China’s Ministry of Commerce (“MOFCOM”) issued its decision in the Panasonic/Sanyo case, and published a summary of the decision on its website. The Panasonic/Sanyo transaction is the most recent of a series of cases where MOFCOM imposed conditions when issuing antitrust (...)

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