In China, anti-trust and unfair competition issues have increased in importance since the enactment of the 2008 Anti-Monopoly Law (AML). TransAsia has been working in this evolving field of law since 2006 when the M&A Rules were introduced as the first and only Chinese regulation on foreign participation in M&A activities. We enjoy strong working relationships with key government agencies such as the Anti-Monopoly Bureau under the Ministry of Commerce (MOFCOM), the National Development & Reform Commission, the Ministry of Industry & Information Technology, and the State Administration for Industry & Commerce. This gives us a unique insight into the latest developments in anti-trust law and policy, and enables us to liaise with governmental authorities on behalf of our clients in a highly effective manner.
Our team provides authoritative advice on many anti-monopoly matters, including licensing arrangements, M&A projects, joint ventures and other business activities.
- Anti-trust clearance with the Anti-Monopoly Bureau
- Pre-emptive measures and strategies to avoid and handle antitrust and unfair competition issues
- Strategies for anticipating and addressing anti-trust issues in China
- Advice on unfair competition claims and defences
- Investigation of potential monopolistic activity claims
- Advised ArcelorMittal in relation to its investment in a PRC iron & steel company and related anti-monopoly review application
- Advised Google on PRC anti-monopoly law in relation to certain business conduct in the IT industry, and regularly monitor such conduct on its behalf for ongoing compliance
- Advised Toll Group, a leading Australian logistics and transportation company, on PRC anti-monopoly law issues relating to its acquisition of another global courier company, conducted pre-examination consultations on behalf of the client with the MOFCOM, and eventually obtained MOFCOM clearance for the transaction
- Advised the Motion Picture Association of America on PRC anti-monopoly law in relation to industry associations and its horizontal pricing contracts with Chinese entities
- Advised Rinker, a Australian global constructing products company, on PRC anti-monopoly law in relation to industry associations and Rinker’s contracting practices in China
- Regularly advise hedge funds, PE funds and VCs on the implications of PRC anti-trust law on their investments