Tim Stratford is managing partner in Covington & Burling Beijing office and a member of the International Trade, Corporate and Public Policy Practice Groups. He is also presently serving as Chairman Emeritus of the American Chamber of Commerce in China. Mr. Stratford’s practice is focused on advising international clients doing business in China and assisting Chinese companies seeking to expand their businesses globally. As a former Assistant U.S. Trade Representative, Mr. Stratford is the most senior former U.S. trade official working as a member of the U.S. business community in China. Except for the five years he spent in Washington, DC in government service (2005-2010), Mr. Stratford has lived and worked continuously in the greater China region since 1982.
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Following several years of drafting and public consultations, on April 13 the State Administration for Industry and Commerce of the People’s Republic of China (“SAIC”) released its Rules on the Prohibition of Abuses of Intellectual Property Rights for the Purposes of Eliminating or Restricting (...)
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Earlier this month, China’s National Development and Reform Commission (“NDRC”) announced that it is conducting a wide-ranging probe into the costs and prices of pharmaceutical products sold by more than 60 multinational and domestic companies. NDRC has broad powers to enforce China’s Price Law, (...)
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On May 8, China’s Supreme People’s Court (“SPC”) issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct (“the Rules”). According to the SPC, the Rules, which take effect June 1, are intended to ease plaintiffs’ burdens and are thus likely to have (...)
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On January 5, China’s Ministry of Commerce (“MOFCOM”) issued new regulations regarding investigations and sanctioning of companies that fail to notify transactions under China’s Anti- Monopoly Law (“AML”). Under the regulations, which take effect on February 1, non-compliant companies may be fined up (...)
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On December 24, 2011, China’s Ministry of Commerce and National Development and Reform Commission released the Catalogue for Guiding Foreign Investment (2011 Revision) (“Catalogue”), the nation’s principal document for regulating foreign investment into China. As expected, the final Catalogue (...)
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The US and China have taken a step towards closer coordination of their investigations of mergers and other transactions under their respective antitrust laws. Yesterday, after high-level consultations in Washington, the two countries’ antitrust merger control agencies released Guidance for Case (...)
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China’s National Development & Reform Commission (“NDRC”) announced this week that it has fined two domestic pharmaceutical companies for monopolizing bulk sales of promethazine hydrochloride in violation of the country’s Anti-Monopoly Law (“AML”). The decision, NDRC’s first AML action in the (...)
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China has established a new process for reviewing the national security implications of foreign investments in Chinese companies. On February 12, 2011, China’s State Council published the “Notice of the General Office of the State Council on Establishment of a Security Review System for the (...)
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China’s Anti-Monopoly Law (“AML”) has required review and approval of proposed transactions that meet the AML’s filing thresholds by the Ministry of Commerce (“MOFCOM”) since August 2008. MOFCOM has publicly acknowledged that its merger review process under the AML often results in delayed (...)
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