Competition Law in China Laws, Regulations, and Cases

by Evrard, Sebastien J.; Wang, Peter J.; Zhang, Yizhe

• ISBN13: 9780198703822
• ISBN10: 0198703821
• Format: Paperback
• Copyright: 2014-03-16
• Publisher: Oxford University Press

Author Biography

Sebastien J. Evrard, Partner, Jones Day,Peter J. Wang, Partner, Jones Day,Yizhe Zhang, Senior Associate, Jones Day

Sebastien Evrard is a partner in the Beijing office of Jones Day, where he focuses its practice on competition law in China and the European Union.


Peter Wang is a partner in the Shanghai and Beijing offices of Jones Day, where he handles complex disputes and antitrust matters in and relating to China, the United States, and worldwide. He also leads Jones Day's China antitrust practice.

Yizhe Zhang is a senior associate in the Beijing office of Jones Day, where she specializes in competition law. Prior to joining Jones Day, she was an official with MOFCOM, and was involved in the drafting of the Anti-Monopoly Law.

Table of Contents

A. Laws
A-1. Anti-monopoly law of the People's Republic of China
A-2. Price law of the People's Republic of China (articles 14, 40 and 41)
A-3. Contract law of the People's Republic of China (articles 329 and 343)
A-4. Patent law of the People's Republic of China (article 48)
A-5. Foreign trade law of the People's Republic of China (articles 30 and 32)
A-6. Regulation on the administration of import and export of technologies of the People's Republic of China (article 29)
B. Regulations
State Council
B-1. Regulation of the state council on the notification thresholds for concentrations of undertakings
B-2. Guidelines on the definition of the relevant market by the anti-monopoly commission of the state council
B-3. Circular of the general office of the state council on the main functions and constituent members of the anti-monopoly commission of the state council
B-4. Circular by the general office of the state council regarding the institution of a security review system for mergers and acquisitions of domestic enterprises by foreign investors (full text)
Mofcom
B-5. Rules for the notification of concentrations of undertakings
B-6. Anti-monopoly notification form for concentrations of undertakings
B-7. Rules for the review of concentrations of undertakings
B-8. Provisional provisions on asset or business divesture during implementation of concentrations of undertakings
B-9. Rules for calculation of turnover for the notification of concentrations of undertakings in the financial sector
B-10. MOFCOM provisions on the implementation of the security review system for mergers and acquisitions of domestic enterprises by foreign investors
B-11. MOFCOM interim provisions for the assessment of the effects of concentrations of undertakings on competition
B-12. MOFCOM provisional rules on the investigation and handling of concentrations of undertakings not notified in accordance with the law
B-13. MOFCOM draft provisional rules on the gathering of evidence for suspected monopolistic concentrations of undertakings not reaching the notification thresholds
B-14. MOFCOM draft provisional rules on the investigation and handling of suspected monopolistic concentrations of undertakings not reaching the notification thresholds
SAIC
B-15. Procedural rules of the administration for industry and commerce regarding the investigation and handling of cases relating to monopoly agreements and abuses of dominant market position
B-16. Procedural rules of the administration for industry and commerce regarding the prohibition of abuses of administrative power for the purpose of eliminating or restricting competition
B-17. Rules of the administration of industry and commerce on the prohibition of monopoly agreements
B-18. Rules of the administration for industry and commerce on the prohibition of abuse of dominant market position
B-19. Rules of the administration for industry and commerce on the prohibition of abuses of administrative power for the purposes of eliminating or restricting competition
B-20. Anti-monopoly enforcement guidelines for intellectual property rights
NDRC
B-21. Anti-price monopoly rules
B-22. Rules on administrative enforcement procedures for anti-price monopoly
C. Judicial Interpretations
C-1. Rules by the supreme people's court on certain issues relating to application of laws for hearing cases of civil disputes caused by monopoly conduct
D. Administrative Decisions
Mofcom
D-1. MOFCOM announcement [2008] no. 95 regarding the conditional approval of InBev's acquisition of Anheuser-Busch
D-2. MOFCOM announcement [2009] no. 22 regarding decision on prohibiting of Coca-Cola's acquisition of Huiyuan
D-3. MOFCOM announcement [2009] no. 28 regarding the conditional approval of the Mitsubishi Rayon's acquisition of Lucite International
D-4. MOFCOM announcement [2009] no. 76 regarding the conditional approval of General Motors' acquisition of Delphi
D-5. MOFCOM announcement [2009] no. 77 regarding the conditional approval of Pfizer's acquisition of Wyeth
D-6. MOFCOM announcement [2009] no. 82 regarding the conditional approval of Panasonic's acquisition of Sanyo
D-7. MOFCOM announcement [2010] no. 53 regarding the conditional approval of Novartis AG'S acquisition of Alcon Inc
D-8. MOFCOM announcement [2011] no. 33 regarding the conditional approval of the combination of open joint stock company Uralkali and open joint stock company Silvinit
D-9. MOFCOM announcement [2011] no. 73 regarding the conditional approval of the acquisition of Savio Macchine Tessili S.P.A. by Penelope Company Limited
D-10. MOFCOM announcement [2011] no. 74 regarding the anti-monopoly review decision for conditional clearance of the contemplated joint venture between GE (China) Co., LTD. and China Shenhua Coal to Liquid and Chemical Co., LTD.
D-11. MOFCOM Announcement [2011] no. 90 regarding the anti-monopoly review decision for conditional approval of the anti-monopoly review in respect of acquisition by seagate of Samsung's hard disk drive business
D-12. MOFCOM announcement [2012] no. 6 regarding the conditional approval of the establishment of a joint venture by Henkel Hong Kong and Tiande Chemical
D-13. MOFCOM announcement [2012] no. 9 regarding the conditional approval of the acquisition of Hitachi Global Storage Technologies by Western Digital Corp
D-14. MOFCOM announcement [2012] no. 25 regarding the conditional approval Google's acquisition of Motorola Mobility
D-15. MOFCOM announcement [2012] no. 35 regarding the conditional approval of the acquisition of Goodrich by United Technologies
D-16. MOFCOM announcement [2012] no. 49 regarding the conditional approval of Walmart's acquisition of 33.6% of Newheight Holdings
D-17. MOFCOM announcement [2012] no. 87 regarding the conditional approval of the joint venture among Arm Holdings, Giesecke & Devrient and Gemalto