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Anti-Monopoly

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.

Client Services

  • Anti-trust clearance with the Anti-Monopoly Bureau
  • Strategies for anticipating and addressing anti-trust issues in China
  • Advice on unfair competition claims and defences
  • Investigation of potential monopolistic activity claims

Recent Transactions

  • 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