Yuan Cheng is a counsel based at Linklaters Beijing office, specialising in business law of the People’s Republic of China, with particular emphasis on the law and practice relating to anti-trust/competition, foreign direct investment and mergers and acquisitions in the PRC. He has advised major financial institutions and leading corporates on some 18 anti-trust filings in the PRC. Before joining Linklaters in 1997, he was a lecturer in Morden Chinese Law at the School of Oriental and African Studies, University of London.
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On 5 January 2012, the PRC Ministry of Commerce (“MOFCOM”) published on its website the long-awaited Interim Measures on Investigation into and Handling of Concentrations of Business Operators that have not been Notified in Accordance with Laws (the “Measures”). The Measures set out details of the (...)
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On 31 October 2011, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) announced its eighth conditional clearance decision, approving the acquisition of Savio by Penelope subject to an equity divestiture. This is the third decision since the introduction of the AML to require (...)
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On 25 October 2011, the Bills Committee considering the proposed Hong Kong Competition Bill (the “Bill”) discussed the Hong Kong Government’s proposed amendments to the Bill. The amendments seek to address some of the concerns that have been raised by the business community in Hong Kong. Although (...)
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On 2 September 2011, the PRC Ministry of Commerce (the “MOFCOM”) published on its website the Interim Provisions on Assessment of Competitive Impact of Concentrations of Business Operators (the “Interim Provisions”), which came into effect on 5 September 2011. The Interim Provisions elaborate on (...)
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On 2 June 2011, under two months into Phase 2, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) publicly announced its decision approving the merger of Uralkali with Silvinit, leading to the creation of the world’s second largest potassium chloride supplier, subject to several (...)
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On 25 April 2011, the Supreme People’s Court of China (the “SPC”) published on its website a draft of the long-awaited Provisions by the Supreme People’s Court on the Issues Regarding the Application of Law in Handling Anti-monopoly Civil Litigation Cases (the “Provisions”) for public consultation. (...)
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The State Administration for Industry and Commerce (“SAIC”) recently published on its website details of a case brought by the Administration for Industry & Commerce (“AIC”) of Jiangsu Province against a local construction materials and machinery association and its respective members for (...)
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On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC twice (...)
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In a statement on 4 January 2011, the PRC National Development and Reform Commission (the ”NDRC”), the department in charge of price administration, announced that it has fined the Paper Manufacture Industry Association in Fuyang City, Zhejiang Province RMB 500,000 for organising a cartel. (...)
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On 13 August 2010, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a conditional approval for the proposed acquisition of Alcon (“Alcon”) by Novartis AG (“Novartis”). The decision was issued after a merger review of just under four months (one month for Phase One review (...)
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On July 21, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) released the Measures on the Calculation of Turnovers for the Notification of Concentrations of Business Operators in the Financial Industry (“Measures”). These Measures were jointly issued by MOFCOM, the People’s Bank (...)
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On July 7, the Anti-monopoly Committee of the State Council released the Guidelines on the Definition of Relevant Markets, (“Guidelines”), the draft of which was issued for public consultation in early January this year. The publication of the final version of Guidelines is significant because (...)
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On 5 June, China’s State Administration for Industry and Commerce (“SAIC”) adopted two sets of procedural provisions to implement three areas of the Anti-Monopoly Law (“AML”), namely monopolistic agreement, abuse of market dominant position, and abuse of administrative power (excluding such conduct (...)
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On March 18 2009, the Anti-Monopoly Bureau of the Ministry of Commerce (MOFCOM) prohibited the acquisition by The Coca-Cola Company of the Huiyuan Juice Group. This is the first prohibition decision under the merger regime in Chinas new Anti-Monopoly Law which came into force on 1 August last (...)
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Recent developments MOFCOM, the agency charged with merger review pursuant to the Chinese Antimonopoly Law, has recently accelerated the process of building the merger control regime in China. More specifically, as regards the substantive and procedural framework for merger review, MOFCOM is (...)
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The PRC Anti-monopoly Law (promulgated on 30 August 2007 and effective on 1 August 2008) regulates monopolistic conduct which has the effect of eliminating or restricting market competition within the PRC. One type of monopolistic conduct regulated by the PRC Anti-monopoly Law (the "AML") is (...)
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The new Anti-Monopoly Law (the “AML”) of the People’s Republic of China (the “PRC”) came into effect on 1st August 2008, which provides the PRC with a full competition law regime covering not only merger control but also anti-competitive agreements and abuse of dominance. Among these three main (...)
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