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Competition & EU

China

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. Being compliant and implementing effective risk mitigation strategies is key to companies and individuals doing business in China, Europe and beyond.  We focus not only on problem solving but also on how you can avoid problems in the first place. Our award-winning team of competition lawyers has extensive experience in helping navigate these difficult paths so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets.

Businesses that operate in China are still coming to grips with the PRC Anti-Monopoly Law, which prohibits business operators from engaging in anti-competitive activities. To help our clients avoid such risks as serious legal liability, opening themselves to challenges in court and large fines, our group of experts provide you with solutions and advice in the full spectrum of competition issues. From merger control reviews and filings to screening and draft of various commercial agreements, from competition and anti-trust law compliance to representation before competition authorities and courts at both national and European level, we offer a one-stop-shop solution to clients for all their competition law needs. Besides, our sector approach helps us understand your business environment and get to grips with your issues. Our many clients come from industries such as banking and finance institutions, automotive, utility companies, media and telecommunications, chemicals and pharmaceuticals, logistics, aerospace, construction and sports. 

The Competition team in China has been granted the Notable Firm in Competition (2018, 2019) by IFLR 1000, the 2015 China Business Law Awards in Competition and Anti-Trust by China Business Law Journal. 

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19/10/2015
Shang­hai Pi­lot Free Trade Zone: In­ter­pret­a­tion of Ex­emp­tion Rules for Mono­poly...
The PRC Anti-Mono­poly Law (“AML”) provides cer­tain gen­er­al ex­emp­tion rules in its Art­icle 15 un­der which an agree­ment may not be con­sidered as a mono­poly agree­ment. However, lack of de­tailed in­ter­pret­a­tions leaves great un­cer­tain­ties in the ap­plic­ati
20/01/2015
China In­sight - Com­pet­i­tion
On 4 Decem­ber 2014, the PRC Min­istry of Com­merce (“MOF­COM”) is­sued the Pro­vi­sions on Im­pos­ing Re­strict­ive Con­di­tions on Con­cen­tra­tion of Un­der­tak­ings (Tri­al Ver­sion) (the “Tri­al Pro­vi­sions”). They have come in­to ef­fect on 5 Janu­ary 2015 and re­placed

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10/15/2020
Over­view on the Guidelines for the Ap­plic­a­tion of Le­ni­ency Pro­gram in Ho­ri­zont­al...
27 March 2020
CMS Ex­pert Guide to com­pet­i­tion law dur­ing coronavir­us crisis
15 October 2020
Over­view on the Guidelines for the Ap­plic­a­tion of Le­ni­ency Pro­gram in Ho­ri­zont­al...
In early Au­gust 2020, the Anti-Mono­poly Bur­eau (“AMB”) of the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”), in the form of a book (“Book”) titled “A Col­lec­tion of An­ti­trust Reg­u­la­tions and Guideline...
10/14/2020
Over­view on the Guidelines on Anti-Mono­poly Com­pli­ance for Un­der­tak­ings
26 March 2020
CMS Ex­pert Guide to sta­bil­isa­tion and re­struc­tur­ing ini­ti­at­ive
14 October 2020
Over­view on the Guidelines on Anti-Mono­poly Com­pli­ance for Un­der­tak­ings
On 11 Septem­ber 2020, the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”) is­sued the first com­pli­ance guidelines on state level from the per­spect­ive of the PRC Anti-Mono­poly Law (“AML”), i.e. the Gui...
09 October 2020
An Over­view on the An­ti­trust Guideline for the Auto­mobile In­dustry
09 October 2020
An Over­view on the An­ti­trust Guideline for the Auto­mobile In­dustry
In early Au­gust 2020, the Anti-Mono­poly Bur­eau (“AMB”) of the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”), in the form of a book (“Book”) titled “A Col­lec­tion of An­ti­trust Reg­u­la­tions and Guideline...
02 October 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China and Asia Pa­cific re­gion are avail­able now.Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
13 August 2020
Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of Chin­a's First Civil...
The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”) which was ad­op­ted on 28 May 2020 and which will enter in­to ef­fect...
02 October 2020
BRI - View from APAC
The Asia-Pa­cific re­gion (APAC) has seen ex­tens­ive Belt and Road (BRI) in­vest­ment already, and prom­ises much more.But our sur­vey of BRI par­ti­cipants in APAC re­veals un­ex­pec­ted levels of am­bi­val­ence about some as­pects of BRI pro­jects.Can these po­ten­tial dif­fi­culties be tackled in a way that will ad­dress con­cerns about is­sues such as trans­par­ency and sus­tain­ab­il­ity, and en­cour­age the great­er in­volve­ment of in­ter­na­tion­al busi­nesses that China hopes to see? And how are the un­pre­ced­en­ted prob­lems of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Our APAC re­port looks at is­sues in­clud­ing:Dif­fi­culties in BRI pro­jects ex­per­i­enced by APAC par­ti­cipants, and the po­ten­tial for resolv­ing these.The ef­fects of Cov­id-19 on BRI.Mit­ig­at­ing BRI risk and man­aging dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The sec­tors at­tract­ing the most in­terest among BRI par­ti­cipants.The im­pact of BRI 2.0.
01 July 2020
PRC Su­preme People's Court An­nounces Guid­ing Opin­ions (III) on Tri­al of...
On 08 June 2020, the Su­preme People's Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) pro­mul­gated the Guid­ing Opin­ions (III) on Sev­er­al Is­sues Con­cern­ing Law­ful and Prop­er Tri­al of Civil Cases Rel...