Antitrust

• Is a VIE an Obstacle to a Merger Filing in China?

  Scott Yu, Frank Jiang, Rachel Li, Emily Xu and Derek Liu of Zhong Lun Law Firm discuss a recent joint venture between Yum China and Mininglamp that the firm advised on involving a variable interest entity (VIE) structure that received unconditional clearance from the State Administration for Market Regulation (SAMR), which is the first case of its kind in China. They also highlight key issues arising in a merger filing involving a VIE structure and offer some key practical guidance for VIE structured companies

  July 30, 2020

  

• In the News: SAMR Accepts VIE; IP Protection Guideline; and Medical Equipment Easing

  China's anti-monopoly regulator accepts VIE merger filing for the first time; Supreme Court outlines plans to strengthen IP rights protection; and rules changed to remove hurdles for medical equipment exporters

  April 27, 2020

  

• Podcast #4: Michael Jordan's Battle for his Name in China

  The basketball legend's protracted dispute in China encapsulates the challenges of trademark protection involving different cultures and languages

  April 24, 2020

  

• Podcast #3: Pandemic Impact on Deals and Disputes - From Beijing to New York

  How has disruption to Chinese businesses and deals shifted as the virus itself has moved from China to the U.S.? Scott Yu and Meg Utterback discuss the pandemic's impact on international M&A, litigation, antitrust enforcement, and U.S. regulatory action against Chinese companies

  April 16, 2020

  

• In the News: 10-Year Outbound Low; Antitrust Amendments; and UK Connect Suspended

  Chinese outbound M&A hits decade low; draft amendments to anti-monopoly law released; and Shanghai-London stock connect suspended over political tensions

  January 05, 2020

  

• Tentative Provisions for the Prohibition of Abuses of Dominant Market Position

  禁止滥用市场支配地位行为暂行规定

  More factors are included in determination of market dominance

  December 27, 2019

• Heralding a New Era of Antitrust Enforcement in China: New Provisions on Monopolistic Agreements and Abuse of Dominance

  Fay Zhou of Linklaters, and Vivian Cao and Xi Liao of Linklaters Zhao Sheng Joint Operation highlight the long-anticipated provisions on antitrust enforcement, which provide further clarity on monopolistic agreements and abuse of dominance under the Anti-Monopoly Law, as well as common issues raised by both sets of provisions.

  November 21, 2019

  

• In the News: Full Foreign Underwriting Licenses; US Duties on Chinese Steel; and China Emphasizes Nuclear Safety

  China grants full debt underwriting licenses to two foreign banks; U.S. imposes anti-dumping duties on Chinese structural steel imports; and China issues first white paper on nuclear safety as talks wind down with France on fuel reprocessing project

  September 09, 2019

  

• China's New Foreign Investment Law: Implications for the Future of FIEs

  Baker McKenzie and FenXun Partners discuss the impact of the new Foreign Investment Law on the repeal of FIE laws on existing FIEs, as well as the implications of other important provisions for foreign investors and FIEs in future.

  June 15, 2019

  

• PRC Anti-unfair Competition Law (Revised)

  中华人民共和国反不正当竞争法 (修正)

  The scope of trade secret infringement is broadened

  May 08, 2019