The New Antitrust Law in China

What U.S. Companies and Investors Must Do Now

China's First Anti-Monopoly Law Effective August 1

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, July 1, 2008

Program Materials

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.

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Outline

  1. Overview
    1. Chinese civil law system
    2. Anti-monopoly law
  2. China’s anti-monopoly law — a closer look
    1. Relationship between existing competition provisions and new law
    2. Cartelization
    3. Merger review
    4. Abuse of dominance
    5. Impact on IP
  3. Enforcement and remedies
    1. Structuring of commission and enforcement agency/administrative remedies
    2. Penalties
    3. Private right of action: Are the Chinese courts ready for this?
  4. 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
Jun Wei
Partner
Hogan & Hartson

She is Co-Managing Partner and representative of the firm's Beijing office. She focuses on corporate and commercial...  |  Read More

Yee Wah Chin
Yee Wah Chin
Of Counsel
Ingram Yuzek Gainen Carroll & Bertolotti

She practices antitrust law and is a commercial litigator with corporate transactional experience. She was instrumental...  |  Read More

Paul D. Jones
Paul D. Jones
Principal
Jones & Co.

He advises on national and multi-jurisdictional trademark and domain name applications and disputes, as well as...  |  Read More

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