Jessica Su

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, (...)

It is reported that the National Development and Reform Commission (NDRC) has sent 30 working groups to various provinces and municipalities to conduct a large-scale investigation into unfair competition and monopolistic conduct in the cement industry. Price alliances and leading (...)

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 (...)

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 (...)

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 (...)

Pursuant to China’s Government Procurement Law and other relevant laws and regulations, the Ministry of Finance published a draft of the Measures on the Administration of Non-tender Government Procurement (draft Measures) for public consultation on 17 October 2012. The consultation period (...)

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, (...)

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 (...)

On 2 August 2012, the Henan Administration for Industry and Commerce (Henan AIC), a local bureau of the SAIC, disclosed that it had investigated and penalised a cartel in the second-hand car market in Anyang city. After receiving frequent customer complaints, the Anyang Administration for (...)

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. (...)

On 6 June 2012, MOFCOM issued a revised form for notifications of mergers and acquisitions and instructions for completing the form pursuant to China’s Anti-Monopoly Law (AML) and the relevant AML implementing regulations. The new form, replacing the current form that has been used since 5 (...)

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. (...)

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 (...)

China’s Ministry of Commerce Conditionally Clears the Google/Motorola Mobility Deal* On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion (...)

The Shanghai Court’s Position on Resale Price Maintenance in the J&J Vertical Price-Fixing Litigation* On 18 May 2012, the Shanghai No. 1 Intermediate People’s Court (‘Shanghai Court’) dismissed allegations that Johnson & Johnson Medical (China) Ltd. and its Shanghai branch had set a (...)

On 10 February 2012, MOFCOM announced that it had conditionally approved the establishment of a joint venture between Tiande Chemical Holdings Co., Ltd. (Tiande) and Henkel Hong Kong Holding Ltd (Henkel), a subsidiary of Henkel KGaA. The joint venture will be set up for the production of (...)

The J&J Vertical Price-Fixing Litigation in China* Johnson & Johnson Medical (China) Ltd. (‘J&J Medical’) and its Shanghai branch are sued in China for minimum resale price maintenance (RPM) by a Beijing-based distributor. This is the first private litigation that challenges RPM (...)

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 (...)

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 (...)

The Dongfeng Nissan Case and the Gaps of China’s Competition Law Regime in Tackling Vertical Restraints* The recent Dongfeng Nissan Case shed some interesting lights on the status of vertical restraints rules in China, three years after China’s Anti-Monopoly Law (AML) became effective in (...)

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 (...)

The NDRC has imposed fines of almost CNY 7 million, confiscated illegal gains, and imposed a cease-and-desist order on two pharmaceutical companies for monopoly pricing. The decision is the first time that the NDRC has imposed significant penalties for a breach of the AML since the law (...)

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 (...)

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 (...)

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 Price Bureau of Shanxi Province, a local bureau of the NDRC Bureau, has promulgated the Price Regulation of the Shanxi Province (Price Regulation) pursuant to the Price Law 1997 (Price Law). The Price Regulation will take effect on 1 October 2011 and covers matters related to price (...)

Ministry of Industry and Information Technology (MIIT): Provisions on the Administration of Internet Information Services (Draft for Comments)* The MIIT published and invited public comments on the draft Provisions on the Administration of Internet Information Services (Internet Information (...)

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 (...)

On 27 July 2011, China’s three Anti-Monopoly Law enforcement agencies — the MOFCOM, the NDRC, and the State Administration for Industry and Commerce (SAIC) — signed a Memorandum of Understanding (MOU) with the DOJ and the FTC. The MOU was signed by Mr Gao Hucheng, China International Trade (...)

On 9 June 2011, the MOFCOM announced that the State Council had formally approved the official establishment of the Office of the State Council Anti-Monopoly Commission (AMC Office) under the MOFCOM. Mr. Yao Jian, spokesperson for the MOFCOM, said that the AMC Office has been situated (...)

MOFCOM Invited Comments on the Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings* The MOFCOM issued the draft Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings (Merger Assessment Rules) on 3 June 2011 and (...)

MOFCOM Conditionally Approves the Acquisition of Silvinit by Uralkali* On 2 June 2011, the MOFCOM conditionally approved Uralkali’s proposed US$1.4 billion acquisition of Silvinit, both of which are Russian potash companies. The MOFCOM imposed a set of behavioural remedies. The MOFCOM (...)

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 (...)

MOFCOM Spokesperson Mr Yao Jian has stated that MOFCOM and related industrial associations are formulating rules to govern contracts between suppliers and retailers. This was in response to questions over Carrefour’s relationships with its suppliers. At the end of 2010, Carrefour was (...)

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 (...)

The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January 2011. According to the Policies, China will further regulate the orderliness of the software and integrated circuit (...)

State Council: Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries* The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January (...)

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 (...)

Paper Manufacturer Association of Fuyang City Fined for Price Monopoly Conduct* 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 (...)

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 (...)

The State Council announced the revision of the Provisions on Administrative Penalties for Price Violations (Provisions) on 4 December 2010. Promulgated in accordance with China’s Price Law. The revised Provisions were effective on 29 November 2010. The revised Provisions contain 25 (...)

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 (...)

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 (...)

China’s State Council promulgated the Opinions on the Promotion of Mergers and Restructuring of Enterprises (Opinions) on 28 August 2010 and published the Opinions on the Central Government website on 7 September. The Opinions state that certain industries and sectors in China have serious (...)

The Anti-Monopoly Bureau (AMB) of MOFCOM held a press conference on 12 August 2010 to review the first two years of implementing the AML merger control regime. Director General Mr Shang Ming introduced the enforcement and legislative work of the AMB and answered journalists’ questions. (...)

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 (...)