The first piece of Chinese legislation specifically dealing with Anti-trust, the Anti-Monopoly Law (AML), came into effect on 1 August 2008. Subsequently, new restrictions have been placed on vertical and horizontal business agreements. Companies whose transactions fall under the purview of the new law may be subject to a national security examination and an investigation by the AML Enforcement Agency into possible monopolistic practices.
Even before the AML became effective, many large and/or specialized foreign companies had already encountered issues relating to unfair competition in China, and were studying the law carefully to ensure compliance.
TransAsia has considerable experience advising on unfair competition issues and assisting our clients to understand and comply with the AML. Through these efforts, we seek to minimize our clients’ antitrust exposure in M&A projects, licensing arrangements, joint ventures, and other commercial activities.
As anti-trust law frequently implicates other legal disciplines, our team works closely with the related practice groups within our firm, including our colleagues who specialize in M&A and intellectual property, to provide a wide range of services, including: