Competition Law in China: Laws, Regulations, and Cases

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

Overview

This work is the only bilingual (Chinese/English) compilation of all legal texts applicable to the area of competition law in China. It includes the Anti-Monopoly Law of the People's Republic of China (AML) as well as all other laws that have relevant provisions. It also incorporates the regulations issued by the State Council, the Ministry of Commerce (MOFCOM) and the National Development and Reform Commission (NRDC); judicial interpretations of the Supreme People's Court; as well as the 15 decisions MOFCOM has published so far.

Product Details

ISBN-13:	9780198703822
Publisher:	Oxford University Press
Publication date:	03/16/2014
Pages:	470
Product dimensions:	6.10(w) x 9.10(h) x 1.10(d)

About the Author

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. LawsA-1. Anti-monopoly law of the People's Republic of ChinaA-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. RegulationsState CouncilB-1. Regulation of the state council on the notification thresholds for concentrations of undertakingsB-2. Guidelines on the definition of the relevant market by the anti-monopoly commission of the state councilB-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 councilB-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)MofcomB-5. Rules for the notification of concentrations of undertakingsB-6. Anti-monopoly notification form for concentrations of undertakingsB-7. Rules for the review of concentrations of undertakingsB-8. Provisional provisions on asset or business divesture during implementation of concentrations of undertakingsB-9. Rules for calculation of turnover for the notification of concentrations of undertakings in the financial sectorB-10. MOFCOM provisions on the implementation of the security review system for mergers and acquisitions of domestic enterprises by foreign investorsB-11. MOFCOM interim provisions for the assessment of the effects of concentrations of undertakings on competitionB-12. MOFCOM provisional rules on the investigation and handling of concentrations of undertakings not notified in accordance with the lawB-13. MOFCOM draft provisional rules on the gathering of evidence for suspected monopolistic concentrations of undertakings not reaching the notification thresholdsB-14. MOFCOM draft provisional rules on the investigation and handling of suspected monopolistic concentrations of undertakings not reaching the notification thresholdsSAICB-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 positionB-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 competitionB-17. Rules of the administration of industry and commerce on the prohibition of monopoly agreementsB-18. Rules of the administration for industry and commerce on the prohibition of abuse of dominant market positionB-19. Rules of the administration for industry and commerce on the prohibition of abuses of administrative power for the purposes of eliminating or restricting competitionB-20. Anti-monopoly enforcement guidelines for intellectual property rightsNDRCB-21. Anti-price monopoly rulesB-22. Rules on administrative enforcement procedures for anti-price monopolyC. Judicial InterpretationsC-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 conductD. Administrative DecisionsMofcomD-1. MOFCOM announcement [2008] no. 95 regarding the conditional approval of InBev's acquisition of Anheuser-BuschD-2. MOFCOM announcement [2009] no. 22 regarding decision on prohibiting of Coca-Cola's acquisition of HuiyuanD-3. MOFCOM announcement [2009] no. 28 regarding the conditional approval of the Mitsubishi Rayon's acquisition of Lucite InternationalD-4. MOFCOM announcement [2009] no. 76 regarding the conditional approval of General Motors' acquisition of DelphiD-5. MOFCOM announcement [2009] no. 77 regarding the conditional approval of Pfizer's acquisition of WyethD-6. MOFCOM announcement [2009] no. 82 regarding the conditional approval of Panasonic's acquisition of SanyoD-7. MOFCOM announcement [2010] no. 53 regarding the conditional approval of Novartis AG'S acquisition of Alcon IncD-8. MOFCOM announcement [2011] no. 33 regarding the conditional approval of the combination of open joint stock company Uralkali and open joint stock company SilvinitD-9. MOFCOM announcement [2011] no. 73 regarding the conditional approval of the acquisition of Savio Macchine Tessili S.P.A. by Penelope Company LimitedD-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 businessD-12. MOFCOM announcement [2012] no. 6 regarding the conditional approval of the establishment of a joint venture by Henkel Hong Kong and Tiande ChemicalD-13. MOFCOM announcement [2012] no. 9 regarding the conditional approval of the acquisition of Hitachi Global Storage Technologies by Western Digital CorpD-14. MOFCOM announcement [2012] no. 25 regarding the conditional approval Google's acquisition of Motorola MobilityD-15. MOFCOM announcement [2012] no. 35 regarding the conditional approval of the acquisition of Goodrich by United TechnologiesD-16. MOFCOM announcement [2012] no. 49 regarding the conditional approval of Walmart's acquisition of 33.6% of Newheight HoldingsD-17. MOFCOM announcement [2012] no. 87 regarding the conditional approval of the joint venture among Arm Holdings, Giesecke & Devrient and Gemalto