Allan Fels

University of Melbourne, Australian and New Zealand School of Government
Professor (Dean)

Professor Allan Fels is former Dean of the Australia and New Zealand School of Government and currently Professor of Government. He was Chairman of the Australian Competition and Consumer Commission from 1995-2003; Chairman of its predecessor The Trade Practices Commission from 1991-1995; and Chairman of the Prices Surveillance Authority (another predecessor of the ACCC) from 1989-1992. He holds Chairs at the University of Melbourne and at Monash University and is a Fellow of the Australian Academy of Social Sciences.

Linked authors

ESSEC Business School
Compass Lexecon (Brussels)
University College London
University of Wollongong
Fingleton Associates (London)
China Competition Bulletin (Beijing)
Institute of American Studies (Beijing)
Hogan Lovells (Beijing)

Videos

Allan Fels - University of Melbourne
Allan Fels 23 April 2015 Singapore

Articles

8669 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)

120

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)

258

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

79

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

119

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)

108

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)

101

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)

134

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)

106

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)

289

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)

118

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)

139

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)

145

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)

52

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 (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Chinese MOFCOM conditionally approves the acquisition of a semiconductor company for display and digital home platforms by a semiconductor company for wireless communications and digital multimedia solutions (MediaTek / MStar)

102

On 26 August 2013, MOFCOM announced that it had conditionally approved the acquisition of MStar Semiconductor Inc. (MStar) by MediaTek Inc. (MediaTek). MediaTek is a fabless semiconductor company for wireless communications and digital multimedia solutions, and MStar is a semiconductor (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Liaoning State Administration for Industry and Commerce issues provisions on the procedures for transferring evidentiary leads in anti-monopoly cases

60

On 3 May 2013, the Liaoning AIC issued the Provisions on the Procedures for Transferring Evidentiary Leads in Anti-Monopoly Cases. Under the AML, the SAIC is responsible for non-price related aspects of monopoly agreements and abuse of dominance conduct under the AML. The provisions apply to (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Chinese MOFCOM releases the interim provisions on the applicable standards in simple cases of concentrations of undertakings for public comment

56

On 3 April 2013, MOFCOM released the Interim Provisions on the Applicable Standards in Simple Cases of Concentrations of Undertakings (Consultation Draft) (draft Standards) for public consultation. The consultation period ends on 2 May 2013. According to Article 2 of the draft Standards, (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Jiangsu Administration for Industry and Commerce investigates unfair one-sided clauses while monopoly conduct in online shopping becomes a regulatory focus

67

The Jiangsu Administration for Industry and Commerce (Jiangsu AIC) investigated one-sided unfair clauses in 12 industries. The 12 industries were water supply; electricity supply; gas supply; telecommunication services; cable television; real estate transactions; interior decoration and (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Chinese Ministry of Information and Industry Technology announce the adoption of a pilot program to introduce private capital into two core sectors in the telecommunications industry

42

It is reported that the Ministry of Information and Industry Technology (MIIT) will adopt a pilot program to introduce private capital into two core sectors in the telecommunications industry— mobile telecommunications resale services and network access services—within the year. The pilot (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Guangdong Price Bureau of National Development and Reform Commission investigates and sanctions a cartel in the local sea sand mining sector (Baohai, Jianghai, Donghai)

58

The Guangdong Price Bureau, a local authority of the Price Supervision and Anti-Monopoly Bureau of NDRC, has recently investigated and sanctioned a cartel in the local sea sand mining sector pursuant to the AML. According to the NDRC’s news release, the price of land reclamation sand used in (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Chinese State Administration for Industry and Commerce and the Australian Competition and Consumer Commission sign a memorandum of understanding

43

On 18 September 2012, the SAIC and the ACCC signed a Memorandum of Understanding. The MOU promotes cooperation and coordination between the SAIC and the ACCC, in particular with respect to competition law enforcement, consumer protection, online commodity trading and its related services, (...)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang The Chinese State Administration for Industry and Commerce and the Brazilian Conselho Administrativo de Defesa Econômica sign a memorandum of understanding

42

On 13 September 2012, the SAIC and CADE signed a Memorandum of Understanding. The MOU promotes and strengthens the institutional partnership between the SAIC and CADE, especially through information exchange and capacity building activities. In particular, the SAIC and CADE agreed to (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese MOFCOM approves US-based company’s takeover of a competitor with divestment in the production and sale of aviation equipment (United Technology Corp / Goodrich)

46

On 15 June 2012, MOFCOM announced that it had conditionally approved the proposed USD 18.4 billion acquisition of Goodrich Corporation (Goodrich) by United Technology Corporation (UTC), both US-based companies active in the production and sale of aviation equipment on a worldwide basis. (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese National Development and Reform Commission and the Korean Fair Trade Commission sign a memorandum of understanding on anti-monopoly cooperation

47

On 30 May 2012, China’s NDRC and Korea’s KFTC reached a MOU on antitrust cooperation. Mr Hu Zucai, Vice Chairman of the NDRC, and Mr Dongsoo Kim, Chairman of KFTC, signed the MOU in Beijing. The MOU establishes a long-term cooperation framework between the NDRC and the KFTC in eight areas. (...)

Allan Fels, Jessica Su, Xiaoye Wang The Hubei Price Bureau punishes collusion to increase prices by local soybean product manufacturers and real estate agencies (Soybean product manufacturers in Shiyan city and Real Estate Agencies of Tongcheng County)

44

On 22 May 2012, the Hubei Price Bureau held a press conference and disclosed that it had recently investigated and handled nine cases involving illegal pricing behaviour. In February 2011, soybean product manufacturers in Shiyan city had colluded through meetings to collectively cease (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese Ministry of Information and Industry Technology promulgates the provisions on regulating the market order of internet information services

70

MIIT published the Provisions on Regulating the Market Order of Internet Information Services (Internet Information Service Rules) on 31 December 2011, which will take effect on 15 March 2012. MIIT had invited comments on two earlier drafts of the Internet Information Service Rules in January (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce jointly promulgate the working plan on rectifying fees charged in violation of rules and regulations by large retailers on suppliers

51

On 26 December 2011, MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce (SAIC) jointly promulgated the Working Plan on Rectifying Fees Charged in Violation of Rules and Regulations by Large (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese National Development and Reform Commission’s investigates alleged discriminatory pricing of network access fees (China Telecom and China Unicom)

42

On 2 December 2011, the National Development and Reform Commission (NDRC) confirmed that it had received an application for suspension of its investigation from both China Telecom and China Unicom. The NDRC has been investigating China Telecom and China Unicom for alleged discriminatory (...)

Allan Fels, Jessica Su, Xiaoye Wang The Taiyuan Xinghualing District People’s Court hears a lawsuit on a possible abuse of dominance in the set up authorisation of train ticket outlets (Shanxi Joint Transport Group / Taiyuan Railway Bureau)

44

On 7 November 2011, the Shanxi Joint Transport Group’s (Shanxi) lawsuit against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL) was heard at the Taiyuan Xinghualing District People’s Court. The Taiyuan Railway Bureau is authorised to approve the (...)

Allan Fels, Jessica Su, Xiaoye Wang A Chinese District People’s court accepts a complaint brought by private companies against a public entity for abuse of administrative monopoly in the railway transport industry (Taiyuan Railway Bureau)

513

Taiyuan Railway Bureau Sued for Monopoly* On 7 September 2011, the Shanxi Joint Transport Group Co., Ltd. brought an administrative lawsuit in the Taiyuan Xinghualing District People’s Court against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL). (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese Ministry of Commerce publishes the measures on the implementation of security review of mergers and acquisitions of domestic enterprises by foreign investors

42

The MOFCOM published the Measures on the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (Measures) on 25 August 2011. The Measures are effective on 1 September 2011 and replace the Interim Measures on Relevant Matters Concerning the (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese Administration for Industry and Commerce (AIC) investigates and handles antimonopoly case against a local government for abuse of administrative power in the market for vehicles’ GPS services (Guangdong Province)

337

The Administration for Industry and Commerce of Guangdong Province (Guangdong AIC) Investigated and Handled Local Government’s Administrative Monopoly Conduct* In January 2011, three companies complained to the Guangdong AIC, a local bureau of the SAIC, alleging that a municipal government of (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese Ministry of Commerce issues national security review implementing regulations

42

The MOFCOM published the Interim Measures on Relevant Matters Concerning the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《商务部实施外国投资者并购境内企业安全审查 制度有关事项的暂行规定》) (the Interim Measures) on 4 March 2011. The Interim Measures were promulgated to (...)

Allan Fels, Jessica Su, Xiaoye Wang China establishes national security review system for foreign takeovers

28

The General Office of China’s State Council published the Circular on Establishing a Mechanism of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国务院办公厅关于建立外国投资者并购境内企业安全审查 制度的通知》) (the Circular) on 12 February 2011. The Circular was promulgated to guide the (...)

Allan Fels, Jessica Su, Xiaoye Wang The Jiangsu State Administration for Industry and Commerce fines concrete manufacturer association for market allocation (Concrete Manufacturer Association of Lianyungang City)

60

The Jiangsu Province Administration for Industry and Commerce, a local arm of SAIC, has penalised the Concrete Manufacturer Association of Lianyungang City for market sharing and fixing market shares. Officials at the Jiangsu Province Administration for Industry and Commerce said that, in (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese National Development and Reform Commission fines paper manufacturer association for price monopoly conduct (Paper Manufacturer Association of Fuyang City)

44

In early January 2011, the NDRC announced that the Zhejiang Price Bureau, a local bureau of the NDRC, had fined the Paper Manufacturer Association of Fuyang City, Zhejiang Province, 500,000 yuan for price fixing and output restriction. The NDRC stated that it received a complaint about the (...)

Allan Fels, Jessica Su, Xiaoye Wang The Chinese National Development and Reform Commission (NDCR) completes an investigation for tying conduct in the salt market (Wuchang Salt)

308

Decision Against Abuse of Dominance Made under China’s Anti-Monopoly Law: Tying Conduct of the Hubei Salt Industry Group, Wuchang Branch* The local price bureau of the National Development and Reform Commission (NDRC) in Hubei (Hubei Price Bureau) has completed an investigation of a tying case. (...)

Allan Fels, Jessica Su, Xiaoye Wang The China’s State Council approves the merger between the largest pharmaceutical and healthcare group under the State-Assets Supervision and Administration Commission and a centrally-administered state-owned enterprise (CNSC / Sinopharm)

51

The China National Service Corporation for Chinese Personnel Working Abroad (CNSC, 中 国出国人员服务总公司), a centrally-administered state-owned enterprise, has merged with the China National Pharmaceutical Group Corporation (Sinopharm, 国药集团). The State Council approved the merger. Sinopharm is the largest (...)

Allan Fels, Jessica Su, Xiaoye Wang A Chinese intermediate People’s court dismisses antitrust claims for failing to prove abusive conduct in the termite prevention service market (HY/HT)

297

Huzhou Yiting Termite Prevention Service Co., Ltd (HY) v Huzhou Termite Prevention Research Institute (HT) Pending in the Zhejiang Higher People’s Court* On 25 November 2009, HY filed a suit against HT in the Hangzhou Intermediate People’s Court, alleging that HT had abused its dominance in (...)

2705 Review

Allan Fels, Carol Osborne, Robert Ian McEwin The role of ASEAN guidelines on competition policy and the economic integration of the ASEAN countries (ASEAN Antitrust: The Future of Competition Law and Policy in the ASEAN Countries, Singapore, 24 April 2015)

221

The conference that took place in Singapore on the 23rd of April 2015 dealt with the future of competition law and policy in the ASEAN countries. The speakers of this panel offer a view on the impact that competition policy may have within ASEAN countries, challenges it may face in the future (...)

Allan Fels, Frédéric Jenny, Henry Ergas, John Fingleton, Jorge Padilla, Mark Armstrong Behavioural economics: Questioning the foundations of antitrust? (New Frontiers of Antitrust Conference - 15th February 2010 - Panel II)

2484

Behavioural economics: Questioning the foundations of antitrust? Introduction Frédéric JENNY President, OECD Competition Committee President of the International board of the Review Concurrences Professor, Co-Director of the Centre Européen de Droit et d’Economie, ESSEC, Paris 1. Ladies and (...)

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