It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy. AUCL amendment On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One…
On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price fixing (see the Shenzhen Tally decisions here). Although the case is local and the decisions are short, the decisions have the potential…
On 4 January 2018, the Shenzhen Intermediate People’s Court (Court) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (SEP) case that is expected to reshape dynamics between SEP licensors and licensees. On 21 March 2018, the Court released the non-confidential version of its judgment to the public. The Court ruled in…
On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech companies – issued the Working Guidelines on the Trial of Standard Essential Patent Disputes (Trial Implementation) (“Guidelines”). The Guidelines propose a holistic set of rules that consolidate some international practices on litigation issues related to the licensing of…
Over the past weekend, the Chinese legislature decided on a major restructuring of governmental agencies – with a profound impact on antitrust enforcement in the country. The restructuring plan was announced by the State Council – the equivalent of China’s cabinet – on 13 March 2018 and was approved by the legislature on 17 March….
On 4 November 2017, the Standing Committee of the National People’s Congress passed the amendments to China’s Anti-Unfair Competition Law (AUCL). The amendments will take effect from 1 January 2018. This is the first time that the AUCL has been revised since its entry into force in 1993. As part of the amendments, the AUCL’s…
On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“). NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions…
In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical Systems (“Toshiba Medical“) for merger control clearance under the Anti-Monopoly Law (“AML“). This decision sends an important message to the business…
On 5 December 2016, the National Development and Reform Commission (“NDRC“) – one of the three Chinese antitrust authorities – issued its decision fining the local unit of Medtronic, a U.S.-listed medical device maker, for resale price maintenance (“RPM“). Case summary Medtronic was found to maintain a distribution system for cardiovascular, rehabilitation therapy and…
On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“). Payment encryption devices are used by bank customers to protect the security of payments…
