Hogan Lovells (Beijing)

Adrian Emch

Hogan Lovells (Beijing)
Partner

Adrian Emch is a partner with Hogan Lovells based in their Beijing office. He is a specialist in competition/antitrust law and joined the firm in 2010. Adrian has broad experience in all aspects of competition law, including merger control, multi-jurisdictional merger filings, cartel investigations and antitrust counselling. Adrian Emch is a lecturer of competition law and member of the faculty at Peking University’s Law School. Prior to joining Hogan Lovells, Adrian Emch 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.

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Hogan Lovells (London)
Hogan Lovells (London)
Hogan Lovells (Washington)
Hogan Lovells (Washington)

Articles

19810 Bulletin

Adrian Emch, Qing Lyu The Chinese Competition Authority’s local office approves a landmark joint venture transaction to herald the implementation of the pilot merger control devolution which empowers the Authority’s local offices to conduct merger review for simple cases (FAW / Refire)

21

Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation. That transaction marks the first case where Chinese merger review was handled by (...)

Mark Lin, Adrian Emch, Eugene Low, Stephanie Tsui, PJ Kaur The Hong Kong Court of Appeal issues a judgement which finds housing contractors fully liable for price fixing and market sharing

230

On 2 June 2022, the Hong Kong Court of Appeal (“Court”) handed down a judgment almost doubling the financial penalties imposed by the Competition Tribunal (“Tribunal”) on five respondents in two decisions. The Tribunal had earlier found the respondents to have contravened the Competition (...)

Adrian Emch, Gaston Fernandez, Giang Nguyen The Vietnamese Competition Authority issues a report looking back on the merger control filings 2019-2021 since the entry into force of the new national competition law

207

July 2021 marked the two-year anniversary of the entry into force of Vietnam’s new Competition Law (Law No. 23/2018/QH14). Among other things, the Competition Law established a brand-new merger control regime implemented by the Vietnamese Competition and Consumer Authority (“VCCA”) under the (...)

PJ Kaur, Adrian Emch, Eugene Low, Stephanie Tsui The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com)

436

On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation (...)

Suyu Yuan, Adrian Emch, Qing Lyu The Nanjing Intermediate People’s Court rules in favour of an undertaking and its subsidiary in an abuse of dominance case against its suppliers of active pharmaceutical ingredient and awards the plaintif damages as compensation for anti-competitive conduct totally $10 million (Yangtze River)

70

On 18 March 2020 the Nanjing Intermediate People’s Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active pharmaceutical ingredients (API). The court awarded the plaintiffs a record (...)

Adrian Emch, Rachel Xu, Andrew McGinty, Qing Lyu, Jun Wei The Chinese State Administration for Market Regulation releases a draft with proposed amendments to the Chinese Anti-Monopoly Law

141

CHINA TABLES FIRST SET OF AMENDMENTS TO THE ANTI-MONOPOLY LAW* On 2 January 2020, China’s antitrust authority – the State Administration for Market Regulation (’SAMR’) – released a draft proposing amendments to the main antitrust statute in China, the Anti-Monopoly Law (’AML’), for public (...)

Adrian Emch The Chinese State Administration of Market Regulation posts a draft of the Interim Measures on Rewards for Complaints against Significant Illegal Conduct in the market regulation field

56

COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA?* As the number of leniency applications is down globally and competition authorities are struggling to find alternative sources of supply for antitrust complaints, China has circulated a draft rule to financially incentivise employee (...)

Adrian Emch, Andrew McGinty The Chinese State Administration for Market Regulation publishes a draft to incentivise whistleblowing and reward measures for complaints against significant illegal conduct in the regulation field

181

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to (...)

Adrian Emch, PJ Kaur The Hong Kong Competition Authority finds that the proposed pharmaceutical sales survey is not exempted from the prohibition on anticompetitive agreements (Hong Kong Association of the Pharmaceutical Industry)

33

On 22 October 2019, the Hong Kong Competition Commission (“HKCC”) published a decision that the proposed sales survey of the Hong Kong Association of the Pharmaceutical Industry (“HKAPI”) is not exempted from the prohibition on anti-competitive agreements as a result of the efficiency (...)

Suyu Yuan, Adrian Emch, Rachel Xu, Qing Lyu The Chinese Supreme Court rules that Chinese antitrust authorities do not have to prove the anti-competitive effects of companies’ resale price maintenance conduct (Hainan Yutai Technology Feed)

64

NEITHER FISH NOR FOWL – CHINA’S SUPREME COURT PROPOSES NEW FRAMEWORK FOR RESALE PRICE MAINTENANCE* In the last week of June 2019, a copy of a ground-breaking court ruling emerged on social media in China – the order by the Supreme People’s Court (SPC) in the case between Yutai Technology (...)

Stephanie Tsui, PJ Kaur, Adrian Emch, Katie Hellings, Christopher Thomas, Eugene Low The Hong Kong Competition Authority publishes a cooperation and settlement policy expanding its leniency program

631

On 29 April 2019, the Hong Kong Competition Commission (’HKCC’) published the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (’Cooperation Policy’). In essence, the Cooperation Policy expands HKCC’s Leniency Policy, published in November 2015, just before the full (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC fines two pharmaceutical companies for excessive pricing and refusal to deal (Zhejiang Second Pharma / Tianjin Handewei Pharmaceuticals)

214

On 31 July 2017, the NDRC publicly announced its decision to sanction Zhejiang Second Pharma (an affiliate of a central-level SOE under the purview of the State-owned Assets Supervision and Administration Commission (SASAC)) and Tianjin Handewei Pharmaceuticals for abusing their dominance. In (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese MOFCOM requires divestitures and behavioural commitments to approve a merger in the market of agrochemical products, material science products and speciality products (Dow / DuPont)

245

On 29 April 2017, the MOFCOM approved the merger between Dow and DuPont, subject to structural and behavioural conditions. The merger notification was submitted on 21 March 2016, which was accepted as complete on 6 May 2016. The review went into an extended phase 2, and the parties withdrew (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC investigates and recommends measures to twelve provincial governments concerning their conduct to appoint electricity suppliers

113

The NDRC found that 12 provincial governments had adopted policies that appointed specific electricity suppliers to construct electricity supply equipment in new residential areas and to unify fees. In response to the NDRC’s investigation and recommendation to comply with the AML, the 12 (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Shandong Price Bureau fines a pharmaceutical company for obstructing antitrust investigation (Weifang Longshunhe Pharmaceutical)

95

The NDRC recently announced that, on 25 December 2016, the Shandong Price Bureau imposed a fine of RMB 120,000 on Weifang Longshunhe Pharmaceutical for obstructing an investigation under the AML. The NDRC and the Shandong Price Bureau was jointly investigating Weifang Longshunhe Pharmaceutical (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Guangdong High People’s Court dismisses antitrust lawsuit for lack of jurisdiction (Chenyawang Animal Husbandry Cooperative / Huazhou General Food Company / Huazhou Yangmei Food Company)

125

On 23 December 2016, the Guangdong High People’s Court upheld the first instance judgment dismissing a lawsuit filed by Chenyawang Animal Husbandry Cooperative (Chenyawang) for lack of jurisdiction. The plaintiff filed a lawsuit against the Huazhou General Food Company and the Huazhou (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC fines a healthcare company for price-fixing for 4% of its sales revenue on cardiovascular and diabetes medical device products in China (Medtronic)

148

On 7 December 2016, the NDRC announced that it had investigated and fined Medtronic for engaging in RPM in breach of the AML. The NDRC found that, since 2014, Medtronic had agreed with its distributors to limit the resale, tender, and minimum prices of its cardiovascular, restorative (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Supreme People’s Court of China dismisses retrial application of alleged abuses of market dominance (Mr Tong / Shanghai branch of China Mobile)

127

On 28 November 2016, the Supreme People’s Court (SPC) dismissed a petition for retrial brought by Mr Tong Hua against the Shanghai branch of China Mobile for its alleged abuse of market dominance. This case had already been before the Shanghai IntermediatePeople’s Court twice and the Shanghai (...)

Adrian Emch, Andy Huang The Chinese SAIC fines three payment encryption device suppliers for market partitioning (Sunyard System Engineering / Sinosun Technology / Shanghai Haijiye Technology)

227

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel* On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC and Beijing Development Reform Commission investigate the industries of housing and urban-rural development finding quality control price policy breaches

134

The NDRC and the Beijing Development and Reform Commission investigated the concrete industry management practices of the Beijing Municipal Commission of Housing and Urban-Rural Development (Beijing Development Commission), in particular its quality control price policy. On 24 December 2014, (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese Kunming Intermediate People’s Court decides that a refusal to purchase in the refined oil market is not anticompetitive (Yunnan Yingding Biological Energy / Sinopec)

160

On 8 October 2016, the Kunming Intermediate People’s Court amended its first-instance decision in the refusal to deal dispute between Yunnan Yingding Biological Energy, a biodiesel company, and Sinopec’s branch in Yunnan. In December 2014, the court had originally decided the case in the (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Beijing High People’s Court dismisses first follow-on damages suit under the Anti-Monopoly Law of China (Mr Tian Junwei / Abbott infant formula)

103

On 22 August 2016, the Beijing High People’s Court issued its judgment in the first follow-on damages antitrust case, dismissing an appeal for insufficient evidence. The judgment was released on 4 November 2016. In the case, the plaintiff, Mr Tian Junwei, had bought a box of Abbott infant (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC sanctions three pharmaceutical companies for price fixing and joint boycotts (Huazhong Yaoye / Shandong Xinyi / Changzhou Siyao)

154

On 22 July 2016, the NDRC sanctioned 3 pharmaceutical companies for engaging in price fixing and joint boycotts in relation to estazolam tablets and active pharmaceutical ingredients (API), in breach of Articles 13(1)(1) and 13(1)(5) of the Anti-Monopoly Law (AML). The 3 companies (Huazhong (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Shanghai People Court dismisses a price maintenance case in the factory automation control products market (Panasonic / Shanghai Rijing Electric)

83

On 29 June 2016, the Shanghai No 1 Intermediate People’s Court dismissed an antitrust lawsuit against Panasonic. The judgment was recently made public. The plaintiff, Shanghai Rijing Electric, one of Panasonic’s distributors of factory automation control products in Eastern China, had sued (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC releases a consultation draft of the Guideline on the determination of illegal gains from monopolistic conduct by business operators and the setting of fines

84

On 17 June 2016, the NDRC released the Guideline on the Determination of Illegal Gains from Monopolistic Conduct by Business Operators and the Setting of Fines (Consultation Draft) for public consultation. The consultation period ended on 6 July 2016. The draft guideline provides an (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC and Guangdong Development and Reform Commission find abuses of administrative power in Shenzhen Municipal Education Bureau (School supplies)

91

The NDRC and the Guangdong Development and Reform Commission (Guangdong DRC) found that the Shenzhen Municipal Education Bureau (SMEB) violated Articles 8, 34, and 36 of the AML in its procurement of student supplies in 2011 and 2014. First, the SMEB guided businesses to make and implement a (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Shanghai People’s Court finds that an unauthorized use of third-party information from a review website is breaching the Chinese Anti-Unfair Competition Law (Hantao / Baidu)

137

On 26 May 2016, the People’s Court in Shanghai Pudong New Area found in favor of Hantao in the company’s unfair competition lawsuit with Baidu. Dianping.com is a website owned by Hantao that collects local merchants’ information and attracts consumers to post reviews. Baidu was found to have (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC releases a consultation draft of the Guideline on the general conditions and procedures for exemption of monopolistic agreements

90

The NDRC released the Guideline on the General Conditions and Procedures for Exemption of Monopolistic Agreements (Consultation Draft) for public consultation on 12 May 2016. The consultation period ended on 1 June 2016. The NDRC received nearly 200 comments and recommendations from 62 (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese MOFCOM releases three decisions sanctioning companies for failure to notify their transactions for antitrust review (Dade Holdings / Jilin Sichang Pharmaceutical) (New United Group / Bombardier Transportation Sweden) (Beijing CNR / Hitachi)

308

On 4 May 2016, the MOFCOM released 3 decisions in which it sanctioned various companies for failure to notify their transactions for antitrust review. The decisions were all made on 21 April 2016. In each case, the MOFCOM determined that the transaction constituted a concentration under (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese SAIC reports on a case where local administrators fined a public undertaking for forcing several companies to purchase goods (Jinan Public Transportation / Yinchuan Public Transportation)

309

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)

411

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

262

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 NDRC and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment

276

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. (...)

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)

210

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 (...)

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

365

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 acquisition of shares of a Chinese brewery by an international competitor (Anheuser-Busch InBev / Zhujiang Brewery)

320

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 (...)

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)

308

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)

547

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 (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese NDRC in Yunnan fines an undertaking for cartelisation and for monopolising the market (Mayang Miao Autonomous County shale brick operators)

264

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)

318

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 (...)

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)

315

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 3 cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)

250

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

171

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 (...)

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)

197

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 (...)

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