Sébastien Evrard

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 (...)

On 19 May 2012, the PRC Ministry of Commerce ("MOFCOM") approved the acquisition by Google Inc. of Motorola Mobility, Inc. under the Chinese Anti-Monopoly Law ("AML"), but imposed conditions to require that Google continue to license the Android operating system and the patents acquired from (...)

The Chinese Supreme People’s Court ("SPC") has promulgated final Rules on Civil Litigation under the Anti-Monopoly Law ("AML") (the "Rules"), which will become effective on June 1, 2012. These Rules set out the framework for civil antitrust litigation in China. The implementation of these (...)

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 (...)

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. (...)

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. (...)

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 (...)

The Ministry of Commerce of the People’s Republic of China ("MOFCOM") has published its Interim Rules on the Assessment of the Effects of Concentrations of Undertakings on Competition ("Rules"), effective September 5, 2011. The Rules explain how MOFCOM will assess mergers or other (...)

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 (...)

The Chinese Supreme People’s Court ("SPC") has made substantial progress in recent months writing rules for private enforcement of China’s 2008 Anti-Monopoly Law ("AML"). On March 20, 2011, the SPC published revised Rules on Civil Causes of Action, which define which courts are competent to (...)

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, (...)

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 (...)

After a four-month review, on 13 August 2010, China’s Ministry of Commerce (“MOFCOM”) authorized Novartis‘ acquisition of Alcon subject to conditions. Taking different approaches than one would see in the U.S. or European Union, MOFCOM’s decision is notable for the demanding view it takes of (...)

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 (...)

On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," anticompetitive (...)

On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These address (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," (...)

On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These address (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," (...)

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 (...)

The pharmaceuticals sector in the European Union will remain under close antitrust scrutiny in the coming years. This is confirmed by the Communication the European Commission released yesterday in which it summarizes the main conclusions from its sector inquiry that started in January 2008. (...)