China Law & Practice

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Competition Law

November 2011

Fortifying the antitrust framework
Mofcom brings an improved regulatory system with its first guideline for antitrust reviews of concentrations. Foreign investors should take note of the public interest aspect the new rules consider when assessing competitive effects

Web search war: Renren v. Baidu
When an online pharmacy brokering platform accused internet search giant Baidu of tampering with its search results ranking in 2009, it was a case that made headlines and tested the fledgling Anti-monopoly Law. In the wake of the final decision, a provincial high court, for the first time, issued a detailed discussion on three key elements of abuse of market dominance disputes

October 2011

Ministry of Commerce, Tentative Provisions for the Assessment of Competitive Effects of Concentrations of Business Operators [Legislation Digest]
商务部关于评估经营者集中竞争影响的暂行规定
Factors laid out for consideration of the competitive effects of concentrations.

Tentative Provisions for the Assessment of Competitive Effects of Concentrations of Business Operators [Full Text Translation]
关于评估经营者集中竞争影响的暂行规定
The Provisions list the factors that shall be considered based on the specifics and particularities of each individual case during reviews of concentrations of business operators.

Allow enough time to prepare a pre-merger report
New provisions provide competition notification guidance

September 2011

Crossroads: Anti-monopoly and IP rights
A dynamic area of discussion in the Chinese legal community is the overlap between intellectual property (IP) rights and anti-monopoly rules. Though it remains a grey area of varying opinions without clear legal guidance, IP rights owners need to be aware of developments and protect their interests through careful structuring and strategy

Antitrust allies
A recent agreement signed between Chinese and US competition agencies aims to bring effective and consistent enforcement, which will bring greater consumer benefits and legal certainty for businesses. However, coordinated enforcement activities are not likely to occur any time soon

June 2011

Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Legislation Digest]
最高人民法院知识产权案件年度报告 (2010) (摘要)
Design can still be protected under Anti-unfair Competition Law after the patent expires.

February 2011

The antitrust enforcers’ New Year resolutions
Businesses in China should brace for more work as a new set of antitrust rules increases compliance burdens

Uneasy options - AML enforcement through judicial or administration system?
When seeking enforcement of China’s Anti-monopoly law, complainants face a tough choice: wade through the judicial system or rely on the investigations of the administrative authority? Each has its pros and cons

More pricing compliance work for companies
New anti-pricing monopoly rules released

Avoid antitrust suspicions by approaching compliance holistically
New antitrust implementation rules clarify definitions of dominance

China Law & Practice Events

Asia-Pacific In-house Counsel Summit 2012
21 & 22 March 2012
Location: Hong Kong

ALP India FDI Forum 2012
03 May 2012
Location: Singapore