Jones Day (Shanghai)

Peter J. Wang

Jones Day (Shanghai)
Partner

Dr Peter Wang is a partner and leads the Jones Day’s antitrust and litigation practices in Shanghai. He spent more than ten years handling significant antitrust litigation and government investigations while based in Jones Day’s Washington, DC, office before starting Jones Day China antitrust practice in 2003. Peter represents clients inside and outside of China in complex commercial disputes and patent and other technology and intellectual property litigation. He also regularly handles Foreign Corrupt Practices Act (FCPA) investigations and advises clients on related compliance and due diligence issues.

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Articles

23277 Bulletin

Lawrence Wang, Peter J. Wang, Yichen Wu, Dr. Qiang Xue, Yizhe Zhang The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical)

42

The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML"). For the first time, SAMR has required (...)

Peter J. Wang, Dr. Qiang Xue, Yizhe Zhang, Yichen Wu The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)

46

In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

Lawrence Wang, Peter J. Wang, Dr. Qiang Xue, Yizhe Zhang, Lillian He, Jerry Ling The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions

134

In Short The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the digital economy and companies with "relatively advantaged" market positions. (...)

Lawrence Wang, Peter J. Wang, Yichen Wu, Dr. Qiang Xue, Yizhe Zhang The Chinese Competition Authority imposes remedial measures for the first time in a domestic merger transaction involving two airlines (Shanghai Airport / Eastern Air Logistics)

9

The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML"). For the first time, SAMR has required (...)

Haifeng Huang, Peter J. Wang, Yizhe Zhang The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)

301

In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first case (...)

Peter J. Wang, Yizhe Zhang, Dr. Qiang Xue, Geoffrey D. Oliver, Alexandre G. Verheyden, Haifeng Huang The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on intellectual property

92

In August 2020, the Anti-Monopoly Bureau of China’s State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile industry, and intellectual property rights. The subjects of this White (...)

Peter J. Wang, Yizhe Zhang, Dr. Qiang Xue, Marc Siegel, Alexandre G. Verheyden The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments

122

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

Peter J. Wang, Yizhe Zhang, Dr. Qiang Xue, Marc Siegel, Alexandre G. Verheyden The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments

35

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White (...)

Peter J. Wang, Yizhe Zhang, Dr. Qiang Xue The Chinese SAMR updates Its enforcement rules with three new sets of rules and regulations relating to monopoly agreements, abuse of dominant market positions and abuse of administrative power

19

China’s State Administration for Market Regulation (“SAMR”) recently released three new antitrust regulations that consolidate the antimonopoly regulations of its predecessor antimonopoly enforcement agencies, but also introduce important changes. This Jones Day White Paper reviews the key (...)

Yizhe Zhang, Dr. Qiang Xue, Peter J. Wang The Chinese Government establishes the State Administration for Market Regulation, combining the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission, the Antimonopoly Bureau of the Ministry of Commerce, and the Antimonopoly and Anti-unfair Competition Bureau of the State Administration of Industry and Commerce

1356

China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission ("NDRC"), the Antimonopoly Bureau of the (...)

Geoffrey D. Oliver, Kathryn Fenton, Matt Evans, Michelle Fischer, Peter J. Wang The US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation

259

The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights

298

After years of discussions, China’s State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines (...)

Baohui Zhang, Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese Higher Court of Shanghai and one of China’s antitrust regulators issue decisions that resale price maintenance violated China’s Anti-Monopoly Law (Rainbow / Johnson & Johnson)

256

This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Within the same week, the Shanghai Higher Court and one of China’s antitrust antitrust regulators have issued decisions that resale price maintenance ("RPM") (...)

Nick Taylor, Peter J. Wang, Emily S.Y. Lam, Donald Hess, Sébastien Evrard The Hong Kong Parliament passes a comprehensive competition law which includes the classic prohibitions of anti-competitive agreements, abuses of market power, and a merger control regime

207

After years of discussions, the Hong Kong Legislative Council finally passed a comprehensive competition law (the "HK Competition Law"). The HK Competition Law includes the classic prohibitions of anticompetitive agreements and abuses of market power, as well as a merger control regime (with (...)

Emily S.Y. Lam, Hiromitsu Miyakawa, Manoj Bhargava, Peter J. Wang, Sébastien Evrard The Competition Commission of India imposes US$ 1.1 Billion penalty for price fixing (Cement Cartel Case)

150

India’s Competition Commission, which was established in 2003 and has been enforcing the cartel provisions of the law since 2009, has imposed fines of approximately US$ 1.1 billion against 11 internationally and locally owned cement manufacturers and their industry association for price fixing. (...)

Bernard Amory, Hiromitsu Miyakawa, John M. Majoras, Peter J. Wang, Ryan C. Thomas The US District Court for the Northern District of California returns verdicts in the rare price-fixing trial of global liquid-crystal displays conspiracy (AU Optronics)

291

Companies and individuals that are accused of price-fixing rarely go to trial. Indeed, in the last 10 years, no corporate defendant (and only a handful of individuals) has elected to litigate an international criminal cartel case in a U.S. court. The vast majority of cases are resolved through (...)

Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese MOFCOM conditionally approves a merger between two leading hard drive disks manufacturers (Seagate / Samsung)

426

China’s Ministry of Commerce (MOFCOM) has approved Seagate’s acquisition of the hard drive disk division of Samsung Electronics ("Samsung HDD") under China’s Anti-Monopoly Law ("AML"), but imposed conditions to ensure that Samsung, although controlled by Seagate, remains an independent competitor. (...)

Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese MOFCOM publishes a conditional approval of proposed transaction under Anti-Monopoly Law (Penelope / Savio Macchine Tessili)

460

The Chinese Ministry of Commerce ("MOFCOM") has published a conditional approval of proposed transaction under China’s Anti-Monopoly Law ("AML"). This decision reflects China’s view of the broad reach of the AML’s merger provisions and the lengthy procedure that merging parties can expect. Since (...)

Bevin M.B. Newman, Giovanna M. Cinelli, Kenneth J. Nunnenkamp, Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese MOFCOM publishes the final rules on the national security review of foreign investment in national companies

130

China has published new rules to implement the national security review that will be conducted as part of the review of mergers and acquisitions by foreign investors and involving Chinese companies. These rules provide for review and potential rejection of acquisitions of Chinese companies by (...)

Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese MOFCOM approves merger between potash producers but requires they continue to supply the Chinese market (Uralkali / Silvinit)

341

On June 2, 2011, the Chinese Ministry of Commerce (MOFCOM) announced conditional approval of the merger between Russian potash producers Silvinit and Uralkali. Since the PRC Anti-Monopoly Law ("AML") entered into force in 2008, MOFCOM has published only eight decisions, as it makes public only (...)

Bevin M.B. Newman, Giovanna M. Cinelli, Kenneth J. Nunnenkamp, Peter J. Wang, Sébastien Evrard, Stephen Harris, Yizhe Zhang The Chinese State Council publishes a notice detailing its national security review procedure for the acquisition of domestic companies by foreign investors

945

The State Council of the People’s Republic of China has published a notice detailing its national security review («NSR») procedure for the acquisition by foreign investors of domestic Chinese companies («NSR Notice»). The NSR Notice, which implements Article 31 of the PRC Anti-Monopoly Law, will be (...)

Peter J. Wang, Sébastien Evrard, Yizhe Zhang The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations

284

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This Commentary analyzes China’s leniency program for cartel investigations, in the wake of adoption of new rules by the National Development and Reform (...)

Peter J. Wang, Sébastien Evrard, Stephen Harris, Yizhe Zhang The Chinese Price Regulator imposes higher fines against pricing and other competition law violations as new rules proposed

656

Recent actions by the Chinese price regulator, the National Development and Reform Commission (« NDRC »), indicate an increasing emphasis on enforcement against pricing and other competition law violations. Companies in agriculture industries and other business sectors that could implicate (...)

Peter J. Wang, Sébastien Evrard, Stephen Harris, Yizhe Zhang The Chinese NDRC publishs first decision against price cartel under new anti-monopoly law (Guangxi Rice Noodle cartel)

737

China’s competition law enforcement authorities published their first decision against a price cartel on March 30, 2010, more than one and a half years after the Anti-Monopoly Law (AML) came into effect. This action against domestic rice noodle producers was reported by the National Development (...)

Peter J. Wang, Stephen Harris, Yizhe Zhang The Chinese Intermediate People’s Court No.1 in Beijing issues second abuse of dominance decision under the new anti-monopoly law (Baidu / TRISC - Tangshan Renren Information Service Company)

1087

On December 18, 2009, a Chinese court ruled in favor of Baidu, Inc. (“Baidu”), allegedly the largest Chinese search engine company, in a lawsuit filed by Tangshan Renren Information Service Company (“TRISC”), an online information platform. TRISC alleged that Baidu abused its dominant market (...)

Peter J. Wang, Stephen Harris, Yizhe Zhang The Chinese Antitrust Authority requires capacity divesture in a merger between two leading manufacturers of methyl methacrylate products (Mitsubishi Rayon / Lucite International Group)

1021

On April 24, 2009, the Chinese Ministry of Commerce (MOFCOM) announced conditional approval of the proposed acquisition of Lucite International Group Limited by Mitsubishi Rayon Co., Ltd. This is the first MOFCOM decision requiring parties to divest a portion of their production capacity as a (...)

Peter J. Wang, Stephen Harris, Yizhe Zhang The Chinese MOFCOM denies the merger approval between a US leading soft drink and a national juice manufacturer (Coca Cola / Huiyuan)

1257

Today the Chinese Ministry of Commerce (MOFCOM) announced that it had denied antitrust approval of The Coca-Cola Company’s proposed acquisition of a famous Chinese Juice manufacturer, China Huiyuan Juice Group Limited («Huiyuan»). MOFCOM’s decision to block the Coke deal, after its conditional (...)

Peter J. Wang, Stephen Harris, Yizhe Zhang A Shanghai Court announces the creation of a specialized panel of judges dedicated to hearing anti-monopoly lawsuits

592

On December 22, 2008, the Shanghai No. 2 Intermediate Court announced the establishment of a new specialized combined panel of judges (called the "反垄断案件专项合议庭" in Chinese, and referred to below as the "Specialized AML Panel") dedicated to hearing AML lawsuits and related actions. The Specialized AML Panel (...)

Peter J. Wang, Shinya Watanabe, Stephen Harris The South Korean FTC plans to strengthen enforcement against abuse of intellectual property rights by IT and pharmaceutical companies

1103

On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

Peter J. Wang, Stephen Harris The Chinese Parliament adopts a new Anti-Monopoly Law

495

After 14 years of consultation, deliberation, and delays, China finally adopted a new Anti-Monopoly Law (« AML ») on August 30, 2007, which became effective on August 1, 2008. The first comprehensive antitrust law in China, it presents serious compliance challenges and risks for Chinese and (...)

Peter J. Wang, Stephen Harris, Yizhe Zhang The Chinese National People’s Congress adopts an anti-monopoly law implementing wide-ranging reforms across Chinese antitrust and merger controls

593

China’s National People’s Congress (« NPC ») finally adopted a new Anti-Monopoly Law (« AML ») in August after more than 10 years of drafting. The law will take effect on August 1, 2008. I. Overview The new AML is a tremendous leap forward for China, bringing it squarely into the modern world of (...)

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