CONFERENCE : CHINA - CARTELS - ABUSE OF DOMINANT POSITION - INFORMATION EXCHANGE - EXEMPTION

Anti-competitive agreement and abusive conduct (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

Cartels have been an enforcement priority in China since the Anti-Monopoly Law entered into force on 1 August 2008. Notwithstanding this focus on cartel enforcement, the authorities have, over time, expanded into other areas of potential anti-competitive conduct between competitors such as information exchange and coordination between joint ventures with a common parent. In this article, we focus on these enforcement trends, explaining the legal framework for information exchange and coordination between joint ventures with a common parent and highlighting the key takeaways from recent cases.

Latest trends of cartel enforcement in ChinaI. Introduction 1. Cartels have been an enforcement priority in China since the Anti-Monopoly Law (the “AML”) entered into force on 1 August 2008. Over the past ten years, the antitrust authorities (formerly the National Development and Reform Commission (the “NDRC”) and the State Administration for Industry and Commerce (the “SAIC”)) and the current integrated authority, the State Administration for Market Regulation (the “SAMR”), have investigated over 160 cases concerning anti-competitive agreements, including more than 50 cartel cases involving both multinationals and domestic companies. Various industries have been the subject of investigation, including cement, LCD panels, pharmaceutical/healthcare products, public utilities, liquor, gold,

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Authors

  • Freshfields Bruckhaus Deringer (Hong Kong)
  • Freshfields Bruckhaus Deringer (Beijing)
  • Freshfields Bruckhaus Deringer (Beijing)
  • Freshfields Bruckhaus Deringer (Hong Kong)
  • Freshfields Bruckhaus Deringer (Beijing)

Quotation

Ninette Dodoo, Alastair Mordaunt, Hazel Yin, Kailun Ji, Tracy Lu, Anti-competitive agreement and abusive conduct (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018), November 2018, Concurrences Review N° 4-2018, Art. N° 88373, www.concurrences.com

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