Competition law

Building the blocks of the new Competition regime

Preparations continue as the Hong Kong Government brings the Competition Ordinance into effect in phases.  The Ordinance, which has been enacted to curb cross-sector anti-competitive conduct, is expected to remain in this transitional period until sometime in 2014 so the … Continue reading

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Filed under Competition law, Hong Kong

Recent developments in Chinese merger control: MOFCOM consults on draft regulations and imposes remedies in Glencore/Xstrata and Marubeni/Gavilon

The Anti-Monopoly Bureau at the Ministry of Commerce of the People’s Republic of China (“MOFCOM“) recently published two important draft regulations for public consultation in an effort to streamline and clarify China’s merger control review process.  It has also imposed … Continue reading

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Vertical agreements – a hot topic in Asian competition law enforcement

On 22 February 2013, two provincial branches of National Development and Reform Commission of the People’s Republic of China (“NDRC“) (Guizhou Price Bureau and Sichuan NDRC) officially announced that two well-known manufacturers of premium Chinese liquor were fined RMB 247 … Continue reading

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Filed under China, Competition law, Hong Kong, Japan, South East Asia

Warning to companies of the Importance of compliance with EU merger control filing requirements: EU General Court upholds €20 Million fine imposed on Electrabel

On 12 December 2012 the EU General Court dismissed Electrabel’s appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction – the acquisition of a minority shareholding – to the Commission … Continue reading

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Filed under Competition law, Japan

Phased implementation of the Hong Kong Competition Ordinance commences on 18 January 2013

Several key provisions of the new Hong Kong Competition Ordinance (“Ordinance”) came into force on 18 January 2013, including the provisions relating to the establishment, functions and powers of the Competition Commission (“Commission”). This step marks the commencement of the … Continue reading

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MOFCOM declaring the use of VIE (variable interest entity) structure in the internet sector illegal?

On 13 August 2012, MOFCOM approved Walmart’s acquisition of a controlling interest in an online supermarket business in China subject to conditions. What is worth noting about the decision is not that the acquisition is approved but the express reference … Continue reading

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Filed under China, Competition law, Hong Kong, Technology Media and Telecommunications (TMT)

China’s anti-monopoly Law (AML), effective August 2008, introduced a new merger control regime in China

China’s Anti-Monopoly Law (AML), effective August 2008, introduced a new merger control regime in China. China’s Ministry of Commerce (MOFCOM) is the main regulatory authority.  Betty Tam provides an overview of the new regime.

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Filed under China, Competition law