The New Antitrust Law in China
What U.S. Companies and Investors Must Do Now
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, July 1, 2008
Recorded event now available
Description
China’s first anti-monopoly law took effect August 1, 2008, placing new requirements on foreign acquisition of Chinese companies. China will require national security review of any foreign mergers that include acquisition of domestic companies and other foreign capital investment in domestic companies.
How this will play out remains to be seen. China’s efforts to protect its economic security will have great impact on any company with a presence in or that does business with companies in China.
Listen as our panel of antitrust attorneys provides the basic background of China’s civil law system, examines China’s new anti-monopoly law and its impact and implications for businesses. The panel will offer their guidance and best practices for companies and counsel to plan for and move forward under the new law.
Outline
- Overview
- Chinese civil law system
- Anti-monopoly law
- China’s anti-monopoly law — a closer look
- Relationship between existing competition provisions and new law
- Cartelization
- Merger review
- Abuse of dominance
- Impact on IP
- Enforcement and remedies
- Structuring of commission and enforcement agency/administrative remedies
- Penalties
- Private right of action: Are the Chinese courts ready for this?
- Advising clients in the face of uncertainty
Benefits
The panel reviewed these and other key questions:
- What are the basic tenets of the new anti-monopoly law — and what led to its adoption?
- What is the initial — and expected — impact of the new law for foreign businesses active in China?
- How will the new antitrust law impact intellectual property law in China?
- What should companies affected by the new antitrust law be doing now to prepare?
Faculty
Jun Wei,
Partner
Hogan & Hartson, Beijing, China
She is Co-Managing Partner and representative of the firm's Beijing office. She focuses on corporate and commercial law, mergers and acquisitions, intellectual property, and technology transfer law.
Yee Wah Chin,
Of Counsel
Ingram Yuzek Gainen Carroll & Bertolotti, New York
She practices antitrust law and is a commercial litigator with corporate transactional experience. She was instrumental in the ABA's several sets of comments on drafts of China's anti-monopoly law. She previously served as Assistant General Counsel–Antitrust at a Fortune 100 company.
Paul D. Jones,
Principal
Jones & Co., Toronto, Canada
He advises on national and multi-jurisdictional trademark and domain name applications and disputes, as well as copyright matters including software and entertainment matters, and patent disputes. His article on protection of Chinese character trademarks was chosen by the Republic of China IP Office's Director General for teaching material.
Ordering
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Customer Reviews
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson, LLP
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
I received complicated information in an uncomplicated, concise and understandable manner.
Alice Mercado
Lemons, Grundy & Eisenberg
Good materials plus well prepared presenters and a good level of detail.
John H. Merkle
Fredrikson & Byron, P.A.
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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