Antitrust

A new regulation shows China's competition regulator is serious about proactive enforcement of the country's merger-control regime

Including: National Development and Reform Commission, Foreign Investment Industrial Guidance Catalogue (Revised in 2011) (Full translation available in the Feb issue)

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

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

Factors laid out for consideration of the competitive effects of concentrations.

New provisions provide competition notification guidance

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.

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

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