In this update, we discuss two recent developments in the Hong Kong competition regime: first, the third cartel case prosecuted by the Hong Kong Competition Commission (Commission) since the coming into force of the Competition Ordinance (Ordinance) in December 2015; … Continue reading
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
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
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
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
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
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
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.