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

10028 Bulletin

Stephanie Tsui, PJ Kaur, Adrian Emch, Kathryn Hellings, Christopher Thomas, Eugene Low The Hong Kong Competition Commission publishes the "Cooperation Policy" expanding its leniency program

488

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)

68

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)

132

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 Beijing Intellectual Property Court finds an ad-block app breaching unfair competition provisions ( Feihu Information Technology Tianjin Company and Sohu / Beijing Xiaoyi Interaction Network Technology)

79

On 2 April 2017, the Beijing Intellectual Property Court upheld the first-instance judgement relating to an unfair competition claim brought by Feihu Information Technology Tianjin Company and Sohu against Beijing Xiaoyi Interaction Network Technology. Xiaoyi operated an app that could play 30 (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The Chinese MOFCOM conditionnaly clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)

100

On 30 December 2016, Abbott Laboratories’s acquisition of St Jude Medical was conditionally approved by the MOFCOM. On 4 July 2016, Abbott Laboratories submitted its notification to the MOFCOM, which was accepted as complete on 6 September 2016. The authority’s review entered phase 2 on 6 October (...)

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

34

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)

30

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 Yangmei (...)

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

38

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 therapy, (...)

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)

69

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, 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

55

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 Kunming Intermediate People’s Court decides a refusal to purchase in the market of refined oil not to be anti-competitive (Yunnan Yingding Biological Energy / Sinopec)

46

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)

42

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)

54

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)

29

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

34

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 analytical (...)

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

27

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 Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger since the market environment is more competitive (Wal-Mart / Yihaodian)

127

On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang The People’s Court in Shanghai Pudong New Area finds that the unauthorised use of third-party information from review website is breaching the Chinese Anti-Unfair Competition Law (Dianping.com / Hantao / Baidu)

43

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

33

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)

146

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 Article (...)

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

153

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)

299

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

158

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

165

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)

136

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 NDRC and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)

210

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)

188

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)

158

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)

363

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)

153

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)

177

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)

203

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 National Development and Reform Commission fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)

115

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

112

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)

149

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 (...)

Books

Price 215€00 Wang Xiaoye Liber Amicorum

Without Professor Xiaoye Wang, Chinese competition law would not be in the shape it is today. Perhaps the key competition statute – the Anti-Monopoly Law (AML) – would not even have been enacted (...)

Date 20 November 2019
Author(s): Adrian Emch, Wendy Ng (Editors)
Price 215€00
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