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Antitrust, Competition and Trade in China

We cover every area of Antitrust, Competition and Trade law

The CMS Antitrust, Competition and Trade (ACT) group is one of the largest specialist competition and trade teams in the world. More than 225 CMS experts advise clients in more than 40 countries worldwide on all ACT matters. Our Chinese team is part of the fully integrated CMS global team, spread out across our offices in Shanghai and Beijing.

Due to our size and very wide footprint, we are able to deal with all ACT matters irrespective of their geographic dimension. Where necessary we cooperate with long established contacts from our wider network of law firms everywhere in the world.

We are specialists across the full range of Antitrust, Competition and Trade matters. We have expert sub-groups specialising in specific areas within the wider competition and trade field, e.g. FDI/Foreign investment screening. We are also well-known as experts in various sectors of the economy. Our renowned sector specialisation encompasses automotive, consumer products/FMCG, construction, digital economy, energy/oil & gas, life sciences, telecommunications/media and transport to name but a few.

Our clients range from many very large multinationals who frequently use our team as their ACT law firm of choice for the entire region (e.g., in Greater China), to governments at all levels and also a high number of medium-sized companies.

We use the most up-to-date technical and AI tools to support our business in China and abroad.

We put out regular case law updates on Chinese, European and international competition and trade developments on our Law Now service.  Our group is steered, not just by a management committee of partners but also by an active associates’ group that keeps us innovating to serve clients.

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Ab­use of dom­in­ance and eco­nom­ic de­pend­ence
Competitive conduct of companies with a strong market position is subject to increasing scrutiny and may lead to unwanted regulatory intervention, hig
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Com­pet­i­tion and car­tel in­vest­ig­a­tions
Companies should be alive to the possibility of investigations and fines for anti-competitive behaviour. We defend our clients in cartel and other reg
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Com­pli­ance
We provide day to day advice in all competition law matters to help clients avoid any conflicts with competition laws. We work closely with our expert
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Di­git­al mar­kets
CMS is widely recognised as a leader in providing legal advice to clients from the digital and technology markets. We help companies avoid regulatory
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For­eign in­vest­ment screen­ing
Our broad footprint with CMS offices in Europe, Asia, Africa and South America combined with a very wide network of long-established contacts across a
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Ho­ri­zont­al agree­ments
The line between admissible conduct and infringement can be thin. Our specialists’ expertise covers the full range of horizontal cooperation or
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Mer­ger Con­trol
We have a long and extensive track record of advising clients on merger control requirements and representing them in merger control proceedings. Each
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Private en­force­ment
The CMS team, with the necessary assistance of PRC local law firms, acts for claimants and defendants in all competition-related private enforcement m
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Reg­u­lat­ory
Companies in regulated industries are under constant scrutiny over anti-competitive behaviour. With our in-depth sector specific competition law exper
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Trade law and sanc­tions
In an increasingly challenging international business world, we help companies to remain compliant and keep supply chains moving. With export control
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Un­fair trad­ing prac­tices (UTP)
We are at the forefront of advising clients in the field of unfair trading practices which is a relatively new field of law in many countries. Whether
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Ver­tic­al agree­ments
We give clients confidence in their relationships with suppliers, resellers and customers, online and offline. By reviewing their distribution systems
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11/05/2023
SAMR - New Rules on the Pro­hib­i­tion of Mono­poly Agree­ments
The Pro­vi­sions on the Pro­hib­i­tion of Mono­poly Agree­ments (the "Pro­vi­sions") are one of the four sup­port­ing reg­u­la­tions to the PRC Anti-Mono­poly Law ("AML 2022") re­cently is­sued by the State Ad­min­is­tra­tion...
Newsletter
19/04/2023
Over­view on the Pro­vi­sions on the Re­view of Con­cen­tra­tion of Un­der­tak­ings
Re­cently, the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion ("SAMR") is­sued four long-awaited sup­port­ing reg­u­la­tions to the PRC Anti-mono­poly Law ("AML 2022") on mer­ger con­trol re­view, pro­hib­i­tion of mono­poly...
Newsletter
16/02/2023
For­eign sub­sidies con­trol cre­ates a bur­den­some mer­ger con­trol 3.0
For­eign sub­sidies con­trols have the po­ten­tial to cre­ate an ad­di­tion­al bur­den­some clear­ance pro­ced­ure for M&A trans­ac­tions on top of mer­ger and in­vest­ment con­trol pro­ced­ures:  High ad­min­is­trat­ive bur­dens...
Law-Now Antitrust, Competition & Trade
19/12/2022
2023 – Top­ics that may Con­cern You
2022 has been a chal­len­ging year. In ad­di­tion to the con­tinu­ing im­pact of COV­ID-19 and the re­cent re­lax­a­tion meas­ures in China, the war in Ukraine has also brought im­pacts on so­ci­ety, polit­ics and busi­nesses.However...
Newsletter
19/07/2022
Over­view on the Pro­vi­sions on Clear Price Mark­ing and Pro­hib­i­tion of Price...
On 1 Ju­ly 2022 the Pro­vi­sions on Clear Price Mark­ing and Pro­hib­i­tion of Price Fraud ("Pro­vi­sions") pro­mul­gated by the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion took ef­fect. The Pro­vi­sions have re­placed...
Law-Now Antitrust, Competition & Trade
04/07/2022
The PRC Anti-Mono­poly Law Fur­ther Amended
On 24 June 2022, the Stand­ing Com­mit­tee of the Na­tion­al People's Con­gress passed the De­cision to Amend the PRC Anti-Mono­poly Law (“AML 2022”). The AML 2022 will come in­to force on 1 Au­gust 2022.Dur­ing...
Newsletter
04/07/2022
The PRC Anti-Mono­poly Law Fur­ther Amended
On 24 June 2022, the Stand­ing Com­mit­tee of the Na­tion­al People's Con­gress passed the De­cision to Amend the PRC Anti-Mono­poly Law (“AML 2022”). The AML 2022 will come in­to force on 1 Au­gust 2022...
Law-Now Antitrust, Competition & Trade
12/05/2022
10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the...
Law-Now Commercial
22/04/2022
Do Chinese sub­si­di­ar­ies of EU share­hold­ers and EU na­tion­als in China have...
Re­cently the EU im­posed ad­di­tion­al sanc­tions on Rus­sia and Rus­si­an com­pan­ies and in­di­vidu­als. For for­eign in­ves­ted en­ter­prises with EU share­hold­ers and EU na­tion­als in China, the ques­tions arises wheth­er...
Law-Now Coronavirus (COVID-19)
21/04/2022
Do Chinese sub­si­di­ar­ies of EU share­hold­ers and EU na­tion­als in China have...
Re­cently the EU im­posed ad­di­tion­al sanc­tions on Rus­sia and Rus­si­an com­pan­ies and in­di­vidu­als. For for­eign in­ves­ted en­ter­prises with EU share­hold­ers and EU na­tion­als in China, the ques­tions arises wheth­er...
Newsletter
13/04/2022
Over­view of the Ju­di­cial In­ter­pret­a­tions on Rel­ev­ant Is­sues Con­cern­ing...
On 17 March 2022, the PRC Su­preme People’s Court ("SPC") pub­lished the Ju­di­cial In­ter­pret­a­tions on Rel­ev­ant Is­sues Con­cern­ing the Ap­plic­a­tion of the Anti-Un­fair Com­pet­i­tion Law of the People's Re­pub­lic...
Law-Now Antitrust, Competition & Trade
11/04/2022
Over­view of the Ju­di­cial In­ter­pret­a­tions on Rel­ev­ant Is­sues Con­cern­ing...
On 17 March 2022, the PRC Su­preme People’s Court ("SPC") pub­lished the Ju­di­cial In­ter­pret­a­tions on Rel­ev­ant Is­sues Con­cern­ing the Ap­plic­a­tion of the Anti-Un­fair Com­pet­i­tion Law of the People's Re­pub­lic...
Newsletter
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