Competition Law Bulletin - zhonglun.com · Competition Law Bulletin October 2015 | Issue 11 ......

19
Competition Law Bulletin October 2015 | Issue 11 Prepared by Zhong Lun Antitrust Practice Group Advisory Board WU Peng, JIANG Xiansheng, XUE Yi, XU Yunhe, YU Xingang CEN Zhaoqi, ZHANG Baisha, XIONG Rong Editorial Staff CAO Meijuan, ZHENG Haiming, QIN Ying, CHEN Zhao GU Tian, HOU Huiying, HONG Lushen, XU Jie Contact us 36-37/F, SK Tower, 6A Jianguomenwai Avenue, Chaoyang District Beijing 100022, P.R. China Tel: + (8610) 59572288 Fax: + (8610) 65681022 E-mail: [email protected] Website: http://www.zhonglun.com

Transcript of Competition Law Bulletin - zhonglun.com · Competition Law Bulletin October 2015 | Issue 11 ......

Competition Law Bulletin

October 2015 | Issue 11

Prepared by

Zhong Lun Antitrust Practice Group

Advisory Board

WU Peng, JIANG Xiansheng, XUE Yi, XU Yunhe, YU Xingang

CEN Zhaoqi, ZHANG Baisha, XIONG Rong

Editorial Staff

CAO Meijuan, ZHENG Haiming, QIN Ying, CHEN Zhao

GU Tian, HOU Huiying, HONG Lushen, XU Jie

Contact us

36-37/F, SK Tower, 6A Jianguomenwai Avenue, Chaoyang District

Beijing 100022, P.R. China

Tel: + (8610) 59572288

Fax: + (8610) 65681022

E-mail: [email protected]

Website: http://www.zhonglun.com

October 2015 Issue 11

Content

Enforcement

China

MOFCOM approves share purchase

application in Zhujiang Brewery by AB

InBev MOFCOM imposes penalty on Fujian

Electronics for failure to notify its

acquisition of CHINO-E MOFCOM imposes penalty on

Shanghai Fosun Pharmaceutical

Development for failure to notify its

acquisition of Suzhou Erye MOFCOM imposes penalties on CSR

Nanjing Puzhen and Bombardier Sweden

for failure to notify JV MOFCOM imposes penalty on Bestv

New Media and Microsoft for failure to

notify JV MOFCOM unconditionally clears 79

concentrations of undertakings in the third

quarter of 2015 MOFCOM conditionally clears

Nokia‟s acquisition of Alcatel-Lucent MOFCOM partially removes

restrictive conditions on Seagate‟s

acquisition of the hard disk drive business of

Samsung Electronics MOFCOM partially removes

restrictive conditions on Western Digital‟s

acquisition of HGST NDRC admonishes Anhui Provincial

Government to correct conducts of Health

and Family Planning Commission of

Bengbu city Guangdong DRC fines

Dongfeng-Nissan RMB 123.3 m for price

monopoly Inner Mongolia AIC suspends

investigation against Inner Mongolia Branch

of China Mobile for abuse of market

dominance NDRC holds anti-price monopoly

seminar with antitrust experts Three Antitrust Enforcement

Authorities meet with representatives of US

businesses The 10th EU-China competition policy

seminar held in Beijing

United States

DOJ requires GE to divest aftermarket

business in order to complete Alstom

purchase DOJ closes its investigation on

Expedia's acquisition of Orbitz KYB agrees to plead guilty and pay

$62 million criminal fine for fixing price of

shock absorbers DOJ imposes penalty on Len Blavatnik

for violating antitrust premerger notification

requirements FTC requires Pfizer to sell rights to

four products as a condition of acquiring

Hospira FTC approves ZF Friedrichshafen AG

and TRW Automotive Holdings Corp. to

divest TRW‟s linkage and suspension

business in North America and Europe FTC requires divestitures prior to

merger of orthopedic device companies FTC approves fiscal year 2014 HSR

premerger notification report

European Union

EC conditionally approves acquisition

of Hospira by Pfizer EC welcomes General Court rulings

upholding TV and computer monitor tubes

cartel decision EC opens formal investigation into

International Skating Union's eligibility

rules EC opens in-depth investigation into

proposed acquisition of BASE Belgium by

Liberty Global German Federal Cartel Office fines

providers of container transport services

4.56 million euros in the area of the German

seaports UK Competition and Markets

Authority closes hotel online booking

investigation France Competition Authority

investigates Google case

Australia

ACCC issues opinions on competition

law enforcement in the broad industrial

relations area Federal Court fines Omniblend

$17,500 for resale price maintenance Federal Court fines Visa $18 million

for anti-competitive conduct

Korea

KFTC fines Samyang Foods and its

affiliate firm for inter-affiliate trading

activities KFTC fines Daelim industrial and

other three construction firms for bid rigging

Japan

JFTC rejected appeals by Air Liquide

Japan related to air separation gas price

October 2015 Issue 11

cartels

Brazil

CADE signs agreement with

construction company Camargo Corrêa in

the investigation of Petrobras‟ bid rigging

cartel CADE rejects the acquisition of

Condor by Tigre

Russia

Google abuses dominate position on

the market of pre-installed application

stores

India

CCI fines Kerala movie association

and two of its office-holders for alleged

anticompetitive conducts

South Africa

SACC recommends prohibition of

MTN and Telkom RAN sharing and

bi-literal roaming merger

Legislation

China

China (Tianjin) Pilot Free Trade Zone

issues a set of measures on antitrust

enforcement

United State

DOJ and FTC sign antitrust

memorandum of understanding with KFTC

European Union

UK CMA publishes guidance on new

compensation schemes power in

competition cases

Brazil

CADE presents proposal of guidelines

on Competition Compliance Programs

Zhong Lun in the News

China Cross-Border Investment Legal

Summit held by Zhong Lun –2015

October 2015 Issue 11

1 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

Enforcement

China

MOFCOM approves share purchase application in Zhujiang Brewery by AB InBev

On August 25th

, 2015, Ministry of Commerce of the People‟s Republic of China (MOFCOM)

approved Brussels-based brewer Anheuser-Busch InBev‟s (AB InBev) application for purchase

of shares in Zhujiang Brewery. The transaction enabled Interbrew Investment International to

increase its shares in Shenzhen-listed peer Guangzhou Zhujiang Brewery from 25.62% to

29.99%.

On November 18th

, 2008, MOFCOM conditionally approved acquisition of Anheuser-Busch

Companies Inc. (Anheuser-Busch) by Inbev N.V/S.A, and one of the conditions was that AB

InBev should not increase its then existing shares of Zhujiang Brewery. If share increase is

required, AB InBev should submit an application to MOFCOM before completion. On July 29th

,

2015, AB InBev notified the transaction to MOFCOM. Upon investigation, MOFCOM approved

the transaction because the increased shares were relatively small and wouldn‟t result in material

change in control over Zhujiang Brewery. >>Read More Back

---------------------------------

MOFCOM imposes penalty on Fujian Electronics for failure to notify its acquisition of

CHINO-E

On September 16th

, 2015, MOFCOM announced the administrative sanction decision on Fujian

Electronics Information (Group) (Fujian Electronics) for failure to notify a 35% stake acquisition

of Shenzhen CHINO-E Communication (CHINO-E). MOFCOM imposed a fine of 150,000

RMB on Fujian Electronics.

On August 12th

, 2014, Fujian Electronics notified a 100% equity acquisition of CHINO-E to

MOFCOM. However, during the public notice period, a third party reported that Fujian

Electronics had already acquired control of CHINO-E before the notification. On December 15th

,

2014, MOFCOM docketed the case on Fujian Electronics for failure to notify and conducted an

antitrust investigation. Upon investigation, MOFCOM found that Fujian Electronics signed an

equity transfer agreement with several shareholders of CHINO-E and acquired 35% equity of

CHINO-E for 280 million RMB. The transaction was not notified by Fujian Electronics before

completion.

Upon investigation, MOFCOM concluded that Fujian Electronics violated Article 21 of the

Anti-monopoly Law, which provides that where a proposed concentration of undertakings meets

the notification thresholds prescribed by the State Council, the participating undertaking should

make a notification filing with the competent State Council Anti-monopoly Enforcement

Authority in advance, and may not consummate the concentration without such filing. >>Read

More Back

---------------------------------

MOFCOM imposes penalty on Shanghai Fosun Pharmaceutical Development for failure to

notify its acquisition of Suzhou Erye

On September 16th

, 2015, MOFCOM announced the administrative sanction decision on

Shanghai Fosun Pharmaceutical Development Co Ltd., (Shanghai Fosun Pharmaceutical

Development) for failure to notify a 35% equity acquisition of Suzhou Erye Pharmaceutical

(Suzhou Erye). MOFCOM imposed a fine of 200,000 RMB on Shanghai Fosun Pharmaceutical

Development.

October 2015 Issue 11

2 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

In December 2014, Shanghai Fosun Pharmaceutical (Group) Co Ltd., (Fosun Pharmaceutical)

submitted a consultation application to MOFCOM on a 65% equity acquisition of Suzhou Erye.

Fosun Pharmaceutical planned to acquire 35% and 30% equity of Suzhou Erye through

Shanghai Fosun Pharmaceutical Development and an overseas subsidiary respectively. At the

consultation meeting, MOFCOM found that Fosun Pharmaceutical had completed the

acquisition of the 35% equity in Suzhou Erye without notification. On March 16th

, 2015,

MOFCOM docketed the case on Shanghai Fosun Pharmaceutical Development for failure to

notify and conducted an antitrust investigation.

Upon investigation, MOFCOM concluded that Shanghai Fosun Pharmaceutical Development

violated Article 21 of the Anti-monopoly Law, which requires a notification filing of such

concentration before its consummation. >>Read More Back

---------------------------------

MOFCOM imposes penalties on CSR Nanjing Puzhen and Bombardier Sweden for failure

to notify JV

On September 16th

, 2015, MOFCOM announced the administrative sanction decision on CSR

Nanjing Puzhen and Bombardier Sweden for their failure to notify their proposed joint venture.

MOFCOM imposed a fine of 150,000 RMB on CSR Nanjing Puzhen and Bombardier Sweden

respectively.

On November 3rd

, 2014, CSR Nanjing Puzhen and Bombardier Sweden signed an agreement to

establish a joint venture (JV) for manufacturing monorail and automated people mover cars. The

JV obtained a business license on November 11th

, 2014. On December 29th

, 2014, the two parties

submitted an application of notification to correct their non-compliant conduct. On March 3rd

,

2015, MOFCOM docketed the case on CSR Nanjing Puzhen and Bombardier Sweden for failure

to notify and conducted an antitrust investigation.

Upon investigation, MOFCOM concluded that CSR Nanjing Puzhen and Bombardier Sweden

violated Article 21 of the Anti-monopoly Law, which requires a notification filing of such

concentration before its consummation. >>Read More Back

---------------------------------

MOFCOM imposes penalty on Bestv New Media and Microsoft for failure to notify JV

On September 16th

, 2015, MOFCOM announced the administrative sanction decision on Bestv

New Media and Microsoft for their failure to notify their proposed joint venture. MOFCOM

imposed a fine of 200,000 RMB on Bestv New Media and Microsoft respectively.

In June 2014, MOFCOM received a complaint against Bestv New Media and Microsoft for

suspected failure to notify. On January 6th

, 2015, MOFCOM docketed the case on Bestv New

Media and Microsoft for failure to notify and conducted an antitrust investigation. Upon

investigation, it was found that Bestv New Media and Microsoft signed an agreement to

establish a joint venture (JV) in the Shanghai Pilot Free Trade Zone on September 17th

, 2013.

The JV was established on October 1st, 2013, and engaged in design, development,

manufacturing and sales of game entertainment application software.

Upon investigation, MOFCOM concluded that Bestv New Media and Microsoft violated

Article 21 of the Anti-monopoly Law, which requires a notification filing of such concentration

before its consummation. >>Read More Back

---------------------------------

October 2015 Issue 11

3 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

MOFCOM unconditionally clears 79 concentrations of undertakings in the third quarter of

2015

On October 9th

, 2015, MOFCOM issued a case review list setting out the 79 unconditionally

cleared concentrations of undertakings in the third quarter of 2015. >>Read More Back

--------------------------------

MOFCOM conditionally clears Nokia’s acquisition of Alcatel-Lucent

On October 19th

, 2015, MOFCOM approved Nokia‟s acquisition of 100% equity of

Alcatel-Lucent with restrictive conditions. Nokia‟s commitments were as follows: (1) on a

reciprocal basis, it shall not enforce SEPs-based injunctions to prevent implementation of

standard with FRAND (fair, reasonable and non-discriminatory) commitment, etc; (2) where

Nokia transfers its SEPs to a third party in the future, Nokia shall notify its current Chinese

licensees and any Chinese company which is actively engaging in licensing negotiation with it

of the transfer of such SEPs; (3) When Nokia transfers its SEPs to a new holder in the future,

Nokia shall only proceed with such transfer when the new holder agrees to be bound by the

FRAND obligations Nokia committed with respect to the those SEPs to the standard-setting

organization (SSOs), so that the FRAND obligation will be passed on to the new holder at same

time.

MOFCOM analyzed the horizontal overlaps of the two parties‟ businesses in the wireless

communication network equipment market and related services markets, including radio access

network, core network systems and network infrastructure services market. In addition,

MOFCOM also reviewed the competition concerns which may be raised by Nokia‟s holding of

communication technology SEPs after the concentration. Upon investigation, MOFCOM

concluded that the proposed acquisition of a 100% equity in Alcatel-Lucent by Nokia would

have eliminative or restrictive competitive effect on the wireless communication SEP licensing

market. Based on Nokia‟s commitments to MOFCOM, MOFCOM decided to conditionally

clear the concentration.

Nokia is a multinational communication and information technology company with three major

business units: Nokia Network, HERE map and Nokia Technology. The business units of

Alcatel-Lucent include access networks and core networks. >>Read More Back

--------------------------------

MOFCOM partially removes restrictive conditions on Seagate’s acquisition of the hard

disk drive business of Samsung Electronics

On October 22nd

, 2015, MOFCOM agreed to modify the restrictive conditions imposed on

Seagate Technology‟s acquisition of the hard disk drive business of Samsung Electronics.

Seagate should implement the following obligations: (1) after concentration, Seagate should

neither substantively change its existing business model, no force or covertly force their

customers to exclusively purchase hard-disk products from Seagate; (2) Seagate should not

force TDK China to supply magnetic heads exclusively to Seagate (or other Seagate-controlled

companies) or limit the number of magnetic heads TDK China would supply to other hard drive

disk manufacturers; (3) Seagate should continue to invest in innovation in a manner that was

consistent with its practice in recent years, to ensure that they will bring more innovative

products and solutions to customers.

In May 2013, Seagate submitted an application with MOFCOM for removing the first and

second conditions in the public announcement [2011] No. 90. Through assessment, MOFCOM

concluded that Seagate‟s application could not have adverse effect on the market competition,

and found the commitment could help reduce restrictive competition impacts. Therefore,

MOFCOM agreed to Seagate‟s application and required it to continue to fulfill all other

October 2015 Issue 11

4 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

remaining conditions. >>Read More Back

---------------------------------

MOFCOM partially removes restrictive conditions on Western Digital’s acquisition of

HGST

On October 19th

, 2015, MOFCOM agreed to modify the restrictive conditions imposed on

Western Digital‟s acquisition of Hitachi Global Storage Technologies (HGST). Western Digital

should implement the following obligations: (1) Western Digital and HGST should maintain

independence of sales and brands; (2) after concentration, Western Digital should neither

substantively change its existing business model, no force or covertly force their customers to

exclusively purchase hard-disk products from Western Digital; (3) Western Digital should

continue to invest in innovation in a manner that is consistent with its practice in recent years,

to ensure that they will bring more innovative products and solutions to customers.

In March 2014, Western Digital submitted an application to MOFCOM for removing the first

and second conditions in the public announcement [2012] No. 9. At that time, MOFCOM was

investigating the suspected violations of two restrictive conditions by Western Digital, so the

application was not docketed. On January 30th

, 2015, MOFCOM completed the investigations.

Therefore, MOFCOM accepted the application officially and started related assessment work.

Through assessment, MOFCOM concluded the final solutions submitted by Western Digital

were sufficient to reduce the adverse impact. >>Read More Back

---------------------------------

NDRC admonishes Anhui Provincial Government to correct conducts of Health and

Family Planning Commission of Bengbu city

On August 26th

, 2015, National Development and Reform Commission (NDRC) announced an

anti-administrative monopoly advisory opinion to Anhui Provincial Government, suggesting

rectifications of abuse of administrative power involving drug procurement by Health and

Family Planning Commission of Bengbu City (Bengbu HFPC).

NDRC investigated the case against Bengbu HFPC based on complaints it received. Upon

investigation, it was found that Bengbu HFPC issued three official notices to organize drug

procurement tendering in April and May this year. It designated certain drug makers for 30 types

of medicines, excluding and restricting other drug companies from competition. In addition, it

imposed discriminatory annual sales requirements and limited the number of bidders against

non-local bidding companies in violation of Articles 32, 34 and 37 of the Anti-monopoly

Law. >>Read More Back

---------------------------------

Guangdong DRC fines Dongfeng-Nissan RMB 123.3 m for price monopoly

On September 10th

, 2015, Guangzhou Development and Reform Commission (GZDRC)

imposed a RMB 123.3 million fine (3% of the revenue of the preceding year in the relevant

markets) on Dongfeng-Nissan for resale price maintenance, and another RMB 19.12 million (2%

and 4% of the revenue of the preceding year in the relevant markets) on 17 Guangzhou-based

dealers for price fixing.

In August 2014, GZDRC started an antitrust investigation on Dongfeng-Nissan. Upon

investigation, GZDRC found that Dongfeng-Nissan severely restricted Guangzhou-based dealers‟

online, phone, and in-store price quotes and final transaction prices between 2012 and July 2014.

In addition, it penalized those Guangzhou-based dealers that had violated its price control

measures in 2013. GZDRC also found between April 2014 and July 2014, Guangzhou-based

October 2015 Issue 11

5 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

dealers held several meetings to reach and implement price monopoly agreements for certain car

models, in violation of Articles 13 and 14 of the Anti-monopoly Law. >>Read More Back

---------------------------------

Inner Mongolia AIC suspends investigation against Inner Mongolia Branch of China

Mobile for abuse of market dominance

On September 17th

, 2015, State Administration for Industry and Commerce (SAIC) published on

its official website that the Administration for Industry and Commerce of Inner Mongolia

Autonomous Region (Inner Mongolia AIC) had suspended the antitrust investigation against

Inner Mongolia Branch of China Mobile Communications Corporation (Inner Mongolia Branch

of China Mobile).

On April 21st, 2015, as authorized by SAIC, Inner Mongolia AIC docketed the case and

conducted antitrust investigation against Inner Mongolia Branch of China Mobile. Upon

investigation, Inner Mongolia AIC found that Inner Mongolia Branch of China Mobile had more

than 15 million customers, accounting for 64.08% of all cellphone users in the Inner Mongolia

Autonomous Region. When Inner Mongolia Branch of China Mobile provided mobile internet

services, customer‟s unused data allowance would expire at the end of every month.

Inner Mongolia Branch of China Mobile admitted its policy of monthly automatic expiration of

data plan, and recognized that its behavior had anti-competitive effects. On May 12th

, 2015, Inner

Mongolia Branch of China Mobile submitted an application to suspend the investigation, and

committed to rectify its behaviors in order to reduce the adverse impacts. >>Read More Back

---------------------------------

NDRC holds anti-price monopoly seminar with antitrust experts

On September 9th

, 2015, NDRC held anti-price monopoly seminar with antitrust experts, and

received suggestions and advice from the Expert Advisory Panel of the National

Anti-Monopoly Commission. This seminar was hosted by Zhang Handong, the director of Price

Supervision Bureau of NDRC. The officials from NDRC briefed the attendees on recent work

progress, including antitrust legislation, law enforcement, competition policy and international

cooperation and communication, etc.

At the meeting, the experts gave advice on anti-price monopoly work, including:

Paying attention to competition policy to promote economic development;

Strengthening antitrust cases information disclosure and publicity;

Increasing investigation on administrative monopoly cases;

Making scientifically sound antitrust guidance;

Increasing antitrust training for businesses and international cooperation;

Increasing communication between Antitrust Enforcement Authorities and the Expert

Advisory Panel. >>Read More Back

---------------------------------

Three Antitrust Enforcement Authorities meet with representatives of US businesses

On September 10th

, 2015, MOFCOM, NDRC and SAIC met with representatives of US

businesses to discuss antitrust issues.

At the meeting, three Antitrust Enforcement Authorities respectively introduced antitrust case

review work for the period between the implementation of the Anti-monopoly Law in 2008 and

the first half of 2015. MOFCOM had settled 1,143 cases, including 1,117 unconditionally

October 2015 Issue 11

6 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

approved cases, 24 conditionally approved cases and 2 rejected cases. SAIC and provincial

industry and commerce regulators had investigated and sanctioned 54 antitrust cases, including

31 monopoly agreements and 23 abuses of market dominance, of which 23 had been settled.

NDRC and local price regulators had investigated and issued enforcement decisions in 55 cases,

including 16 by NDRC and 39 by local price-related antitrust regulators.

In addition, the meeting also discussed a variety of issues, such as whether simple review

procedures should be applied in merger reviews concerning sensitive industries, how to deal with

public interest in antitrust reviews, how to determine appropriate pricing in the course of price

supervision, auto antitrust guidelines and antitrust guidelines concerning intellectual property

rights. >>Read More Back

---------------------------------

The 10th EU-China competition policy seminar held in Beijing

On October 15th

, 2015, China‟s Antitrust Enforcement Authorities and EC‟s DG Competition

jointly held the 10th EU-China competition policy seminar in Beijing. Anti-monopoly Bureau of

MOFCOM and EC‟s DG Competition signed a merger review cooperation agreement, setting

out the content of cooperation, the scope of cooperation and the exchange of information, and

information confidentiality, etc. >>Read More Back

---------------------------------

United States

DOJ requires GE to divest aftermarket business in order to complete Alstom purchase

On September 8th

, 2015, Department of Justice (DOJ) announced that it would require General

Electric Company (GE) to divest Alstom S.A.‟s subsidiary Power Systems Mfg. LLC (PSM) in

order for GE to proceed with its proposed approximately $13.8 billion acquisition of Alstom.

DOJ filed a civil antitrust lawsuit in the U.S. District Court of the District of Columbia to block

the proposed transaction. At the same time, DOJ filed a proposed settlement that, if approved by

the court, would resolve the department‟s competitive concerns alleged in the lawsuit. >>Read

More Back

---------------------------------

DOJ closes its investigation on Expedia's acquisition of Orbitz

On September 16th

, 2015, Assistant Attorney General Bill Baer of DOJ Antitrust Division

released the following statement on the division‟s decision to close its investigation into

Expedia‟s $1.3 billion acquisition of Orbitz:

“We know online travel booking is important to U.S. consumers and to the airlines, car rental

companies and hotels that serve those consumers. Over the course of a six-month investigation,

lawyers and economists from the Antitrust Division reviewed tens of thousands of business

documents, analyzed transactional data from the merging companies and from other industry

players and interviewed over 60 industry participants of various types and sizes”.

“The Antitrust Division investigated the concerns that have been expressed about this transaction.

We took those concerns seriously and factored into our analysis all of the information provided

by third parties. At the end of this process, however, we concluded that the acquisition is unlikely

to harm competition and consumers”. >>Read More Back

---------------------------------

October 2015 Issue 11

7 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

KYB agrees to plead guilty and pay $62 million criminal fine for fixing price of shock

absorbers

On September 16th

, 2015, Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) agreed to

plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of

shock absorbers installed in cars and motorcycles sold to U.S. consumers.

According to charges, KYB conspired from the mid-1990s until 2012 to fix the prices of shock

absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co.

Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation

and Toyota Motor Company, including their subsidiaries in the United States. >>Read More

Back

---------------------------------

DOJ imposes penalty on Len Blavatnik for violating antitrust premerger notification

requirements

On October 6th

, 2015, DOJ filed a civil antitrust lawsuit in U.S. District Court in Washington,

D.C., against Len Blavatnik for violating the premerger notification and waiting period

requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when he acquired voting securities of

TangoMe Inc. in August 2014. At the same time, DOJ filed a proposed settlement, subject to

approval by the court, under which Blavatnik had agreed to pay a $656,000 civil penalty to

resolve the lawsuit.

The HSR Act of 1976, an amendment to the Clayton Act, imposes notification and waiting period

requirements for transactions meeting certain size thresholds so that they can undergo premerger

antitrust review. Federal courts can assess civil penalties for premerger notification violations

under the HSR Act in lawsuits brought by DOJ. For a party in violation of the HSR Act, the

maximum civil penalty is $16,000 per day. >>Read More Back

---------------------------------

FTC requires Pfizer to sell rights to four products as a condition of acquiring Hospira

On August 24th

, 2015, Pfizer Inc. agreed to sell the rights and assets related to four

pharmaceutical products in order to settle FTC charges that its proposed $16 billion acquisition

of Hospira, Inc. was anticompetitive.

Pfizer is one of the world‟s largest drug companies and principally competes with Hospira in

markets for certain sterile injectable pharmaceutical products. The FTC settlement order

preserves competition by requiring the companies to divest four products to the U.S.-based

generic pharmaceutical company Alvogen Group Inc. >>Read More Back

---------------------------------

FTC approves ZF Friedrichshafen AG and TRW Automotive Holdings Corp. to divest

TRW’s linkage and suspension business in North America and Europe

On August 28th

, 2015, FTC approved an application from ZF Friedrichshafen AG and TRW

Automotive Holdings Corp. to sell TRW‟s North American and European linkage and suspension

business for heavy and light vehicles to the Tokyo-based global machine component

manufacturer THK Co., Ltd.

The divestiture was required by the FTC‟s June 2015 final order settling charges that the $12.4

billion merger of ZF and TRW – combining two of the world‟s largest automotive parts

manufacturers – would likely harm competition in the North American market for heavy vehicle

tie rods. The parties‟ divestiture also addressed competition concerns raised by the European

October 2015 Issue 11

8 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

Commission. The linkage and suspension business to be divested included five manufacturing

plants in Michigan, Canada, the Czech Republic, and Germany, and a research and development

lab in Germany, which THK will lease from TRW until THK completes its move to new

space. >>Read More Back

---------------------------------

FTC requires divestitures prior to merger of orthopedic device companies

On September 30th

, 2015, Wright Medical Group, Inc. and Tornier N.V. agreed to sell Tornier‟s

U.S. rights and assets related to its total ankle replacements and total silastic toe joint

replacements to resolve FTC charges that the proposed $3.3 billion merger would illegally reduce

competition for these devices.

Headquartered in Memphis, Tennessee, Wright is a global orthopedic device company. Tornier,

based in Amsterdam, the Netherlands, also operates globally, developing and marketing

orthopedic products for use in the upper and lower extremity joints, sports medicine, and

biologics.

According to the FTC‟s complaint, the proposed merger of Wright and Tornier would violate

federal antitrust laws by substantially lessening competition in the U.S. markets for total ankle

replacements and total silastic toe joint replacements. Wright and Tornier were close competitors

and significant suppliers of these orthopedic devices in the United States. >>Read More Back

---------------------------------

FTC approves fiscal year 2014 HSR premerger notification report

On August 12th

, 2015, FTC, together with the DOJ‟s Assistant Attorney General for Antitrust,

released the agencies‟ 37th Annual Hart-Scott-Rodino Report. The report presented fiscal year

2014 (FY 2014) data on the agencies‟ HSR Premerger Notification Program. The program

allowed the agencies to identify and challenge transactions that may substantially lessen

competition in violation of federal antitrust laws.

The report noted that 1,663 transactions were reported to antitrust agencies during FY 2014, a 25

percent increase from the 1,326 transactions reported in FY 2013. In FY 2014, the agencies

brought 33 enforcement actions that preserved competition in broad sectors of the economy

including consumer goods and services, pharmaceuticals, hospitals, high tech and industrial

goods, and energy. >>Read More Back

---------------------------------

European Union

EC conditionally approves acquisition of Hospira by Pfizer

On August 4th

, 2015, the European Commission (EC) approved the proposed acquisition of

Hospira by Pfizer under the EU Merger Regulation. Both companies are US based and active

globally in the development and marketing of human pharmaceuticals. The approval was

conditional on Pfizer divesting certain sterile injectable drugs, as well as its infliximab biosimilar

drug, which was currently under development.

EC expressed concerns that the merged entity would have faced insufficient competitive pressure

from the remaining players in the corresponding markets, with a risk of price rises and

discontinuation of the development of Pfizer's infliximab biosimilar drug. The commitments

offered by the companies addressed these by removing the overlap between Pfizer and Hospira in

all the markets where EC identified competition concerns. >>Read More Back

---------------------------------

October 2015 Issue 11

9 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

EC welcomes General Court rulings upholding TV and computer monitor tubes cartel

decision

In November 2007, EC started unannounced inspections against Chunghwa, LG, Panasonic and

others for suspected cartel. On December 5th

, 2012, EC fined seven international groups of

companies a total of € 1,470,515,000 for participating in either one or both of two distinct cartels

in the sector of cathode ray tubes (CRT). One cartel concerned colour picture tubes (CPT) used

for televisions and the other one colour display tubes ("CDT") used in computer monitors. The

undertakings involved were Chunghwa, LG Electronics, MTPD (former JV between Panasonic

and Toshiba, and currently a Panasonic subsidiary), Panasonic, Philips, Samsung SDI,

Technicolor (formerly Thomson) and Toshiba. Chunghwa received full immunity from fines

under the Commission's 2006 Leniency Notice.

EC welcomed judgments by the EU General Court on September 9th

, 2015 in the TV and

computer monitor tubes cartel upholding the majority of the Commission's decision, regarding

both the substantive issues and the general principles followed to set the level of fines (the fines

remain the highest ever combined fines for cartels – just over € 1.4 billion).However, the General

Court reduced the fines for Panasonic, Toshiba and MTPD as it found that the companies

provided more detailed value of sales figures than what EC had used. >>Read More Back

---------------------------------

EC opens formal investigation into International Skating Union's eligibility rules

On October 5th

, 2015, EC opened a formal antitrust investigation into International Skating

Union (ISU) rules that permanently ban skaters from competitions such as the Winter Olympics

and the ISU World and European Championships if they take part in events not approved by the

ISU. The investigation followed a complaint by two Dutch ice speed skaters, Mark Tuitert and

Niels Kerstholt.

The ISU is the sole body recognised by the International Olympic Committee (IOC) to

administer the sports of figure skating and speed skating on ice. Its members are national

ice-skating associations. These ISU rules may prevent alternative event organisers from entering

the market or drive them out of business. If confirmed, such practices could constitute

anti-competitive agreements and/or an abuse of a dominant market position in breach of EU

antitrust rules. >>Read More Back

---------------------------------

EC opens in-depth investigation into proposed acquisition of BASE Belgium by Liberty

Global

On October 5th

, 2015, EC opened an in-depth investigation to assess whether the proposed

acquisition of BASE Company NV by Liberty Global would harm effective competition. The

transaction would combine BASE, Belgium's third largest mobile network operator by revenue

and second largest by number of subscribers, with Telenet, Liberty Global's subsidiary and the

largest mobile virtual network operator in Belgium. Telenet does not have its own mobile

network and currently uses the Mobistar network to offer mobile services to its customers. It

would also combine a strong fixed line telecommunications company (Telenet) with a mobile

network operator (BASE).

On the basis of its initial investigation, EC had concerns that the transaction could lead to higher

prices, less choice and less innovative services for customers in the Belgian telecommunications

market. EC had 90 working days, until 18th

February 2016, to take a decision. >>Read More

Back

---------------------------------

October 2015 Issue 11

10 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

German Federal Cartel Office fines providers of container transport services 4.56 million

euros in the area of the German seaports

On August 25th

, 2015, German Federal Cartel Office imposed fines totalling approx. €4.56

million on seven companies, the persons responsible within these companies and the association

of companies FCDS committee on account of concerted practices concerning container transport

services provided in the area of the German seaports of Hamburg, Bremen and Bremerhaven.

The companies regularly discussed and coordinated possible reactions to different cost increases.

There were indications that the initial infringements date back as far as 2001. In some years

percentage rates of increase for freight rates were agreed. Furthermore, in several years the

companies agreed on the introduction or increase of various surcharges on the basic freight rate.

All the companies, the individuals responsible and the FCDS agreed to have the proceedings

terminated by settlement. Several companies cooperated with the Bundeskartellamt in clarifying

the facts of the case and were granted a reduction of their fines in line with the authority's

lenience program. >>Read More Back

---------------------------------

UK Competition and Markets Authority closes hotel online booking investigation

On September 16th

, 2015, UK Competition and Markets Authority (CMA) closed an

investigation into suspected breaches of competition law in the hotel online booking sector. The

investigation was launched by the CMA‟s predecessor, the Office of Fair Trading (OFT). It

focused on restrictions in agreements between InterContinental Hotels Group and Hotel

Inter-Continental London Limited (IHG) and each of Booking.com and Expedia, which

prevented the online travel agents from discounting the price of room-only hotel accommodation.

The OFT issued a provisional decision in July 2012 and accepted formal commitments from IHG,

Booking.com and Expedia in January 2014. The Competition Appeal Tribunal remitted the case

back to the CMA for reconsideration in September 2014 following an appeal in respect of the

commitments decision by Skyscanner.

Having reconsidered the matter, the CMA had decided to close the investigation. It would

maintain a careful watch on how the market develops both in the UK and across Europe and

would continue to liaise closely with fellow national competition authorities and EC. The

continued monitoring would include observing the effects of recent Europe-wide changes

introduced by Booking.com and Expedia. These changes removed from their contracts with

hotels certain „rate parity‟ or „most favored nation clause‟s restrictions that prevent hotels from

offering cheaper room rates on competing online travel agents‟ sites than they offer on

Booking.com or Expedia. >>Read More Back

---------------------------------

France Competition Authority investigates Google case

In January 2015, France Competition Authority received a complaint from Gibmedia that Google

suspended without notice the AdWords account that it used to display advertisements on its

websites, and Gibmedia requested interim measures. Google claimed that the suspension was

justified because Gibmedia did not comply with three AdWords rules, namely the ban on

charging for goods or services that are normally free, transparency to consumers and the ban on

using concealment techniques.

Through this investigation, Google had not defined the AdWords terms and conditions, as well as

the account suspension process in a sufficiently transparent, clear and objective manner. These

facts, if confirmed by the investigation, would be liable to constitute an anticompetitive practice.

The Competition Authority decided to continue investigating the merits of the case. The

Competition Authority did not order any interim measures, considering that no serious or

immediate harm to the interests of the consumers, the industry or the complainant company had

October 2015 Issue 11

11 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

been qualified. >>Read More Back

---------------------------------

Australia

ACCC issues opinions on competition law enforcement in the broad industrial relations

area

On August 15th

, 2015, the ACCC Chairman Rod Sims discussed the ACCC‟s enforcement of

competition law as it applies to alleged union behavior in the general industrial relations area.

The Competition and Consumer Act have exemptions for agreements relating to employment

conditions, but it does not mean the role of unions is to regulate markets by anti-competitive

conducts, said Mr. Sims. “With this in mind, the ACCC may currently have more union-related

major investigations than ever before.”

In response to allegations raised in the Royal Commission hearings in Canberra, the ACCC was

currently investigating two instances of potential cartel behaviors in the ACT construction sector,

which involved a wide range of restrictive behaviors beyond the original allegations of price

fixing.

“It is possible that in the past the ACCC has not looked sufficiently into such additional

restrictive behaviors that could amount to a contract, agreement or understanding that has the

purpose or effect of substantially lessening competition, thinking such matters were covered by

the carve outs and exemptions discussed above. The alleged behavior in Canberra may provide

an avenue to do so in the context of investigating the alleged cartel behavior.”>>Read More Back

---------------------------------

Federal Court fines Omniblend $17,500 for resale price maintenance

On August 20th

, 2015, the Federal Court of Australia ordered Omniblend Australia Pty Ltd

(Omniblend) to pay a pecuniary penalty of $17,500 for aiding, abetting, counseling and

procuring an overseas supplier, Taiwan Star International (TSI), to engage in resale price

maintenance.

As a result, TSI sought to induce Omniblend‟s competitor not to sell OmniBlend blenders at a

price less than the price specified by TSI, and subsequently withheld supply of OmniBlend

Blenders to that competitor. Although Omniblend submitted that the conduct was provoked by

the competitor and that they had acted in defense of their commercial interests, this was not

accepted by the court as a legitimate excuse. >>Read More Back

---------------------------------

Federal Court fines Visa $18 million for anti-competitive conduct

On September 4th

, 2015, the Federal Court ordered Visa Worldwide Pte Ltd (Visa Worldwide),

the subsidiary of Visa Inc., to pay a pecuniary penalty of $18 million for engaging in

anti-competitive conduct.

Dynamic Currency Conversion (DCC) was a service which competed with Visa‟s currency

conversion services and gave international cardholders a choice to complete a transaction in their

home currency rather than in the local currency of the merchant, as Visa does. During the period

1 May 2010 to 6 October 2010, Visa Worldwide made changes to the Visa rules to the effect that

retail stores, hotels and restaurants that were not already offering DCC to their customers as at 30

April 2010 could not choose to offer DCC. The court declared that by this conduct Visa

contravened section 47 of the Competition and Consumer Act. >>Read More Back

October 2015 Issue 11

12 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

---------------------------------

Korea

KFTC fines Samyang Foods and its affiliate firm for inter-affiliate trading activities

On September 21st, 2015, the Korea Fair Trade Commission (KFTC) imposed a corrective order

and combined fines on Samyang Foods and Eco Green Campus for Samyang Foods providing

shuttles and employees to Eco Green Campus (its affiliate company) for free.

Between 1997 and March 2015, Samyang Foods arranged for its employees to provide free labor

service to Eco Green Campus. Also, from April 2007 to November 2014, Samyang Foods

provided shuttles to Eco Green Campus for free. In total, Samyang's personnel and vehicles

support was worth around KRW 2 billion.

KFTC stated that if a company provided unfair benefits to its affiliates, it impeded fair

competition. As the first unfair inter-affiliate trading case after the revision of Fair Trading Law,

this sanction case was significant as a reference. >>Read More Back

---------------------------------

KFTC fines Daelim industrial and other three construction firms for bid rigging

On October 5th

, 2015, KFTC imposed combined fines of KRW 28.6 billion (USD 24.4 million)

on Daelim Industrial and other three construction firms for alleged bid rigging on the Seohae

subway line project. Daelim Industrial was fined KRW 6.9 billion, and other three industrials

were fined a total of KRW 21.7 billion.

Through the investigation, it was found that these four companies had pre-arranged to draw lots

to determine their respective bids. And Daelim Industrial picked the highest number, 94.98%.

Through this sanction case, KFTC expected to eliminate the bid rigging activities of

infrastructure projects. >>Read More Back

---------------------------------

Japan

JFTC rejected appeals by Air Liquide Japan related to air separation gas price cartels

On October 2nd

, 2015, in accordance with Article 66 (2) of the Anti-monopoly Law, the Japan

Fair Trade Commission (JFTC) rejected appeals by Air Liquide Japan, the Japan-based unit of

France-based industrial gas company Air Liquide.

On October 5th

, 2011, JFTC opened the trial on Air Liquide Japan. JFTC found that Air Liquide

Japan violated the Anti-monopoly Law regarding pricing cartel for air separator gas between air

separation gas manufacturer and seller during the period from April 1st 2008 to January 18

th 2010.

JFTC imposed a fine of JPY 4.822bn. >>Read More Back

---------------------------------

Brazil

CADE signs agreement with construction company Camargo Corrêa in the investigation

of Petrobras’ bid rigging cartel

On August 19th

, 2015, the Administrative Council for Economic Defense (CADE) approved a

Cease and Desist Agreement with the construction company Construções e Comércio Camargo

Corrêa S/A – CCCC and the two former employees in the public hearing.

October 2015 Issue 11

13 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

According to this agreement, the construction company shall cease its involvement in the

conduct, recognize its involvement in the infringement, effectively collaborate with the

investigation and collect pecuniary contribution of more than BRL 104 million (the highest one

ever established under a Cease and Desist Agreement signed with CADE ). >>Read More Back

---------------------------------

CADE rejects the acquisition of Condor by Tigre

On September 2nd

, 2015, CADE rejected the acquisition of all quotas of Condor Pincéis Ltda.

(Condor) by Tigre S/A – Tubos e Conexões (Tigre). CADE thought this transaction would result

in damages to the sector, such as high concentration, barriers to entry and low rivalry.

In order to remedy competition concerns, the Companies proposed some behavioral measures in

the Merger Agreement, but CADE said the behavioral remedies didn‟t mitigate this transaction‟s

adverse competition impact. Therefore, CADE presented three pillars of structural remedies,

including sale of assets for paint brushes production, sale of wholesale centers and licensing of

brand Condor to third parties. However, the parties found the structural measures imposed by the

CADE unfeasible.

Condor is responsible for the manufacturing and selling of the tools for artistic and school

painting and estate property painting. While Tigre commercializes paint brushes, brushes, paint

rollers and other painting accessories. >>Read More Back

---------------------------------

Russia

Google abuses dominate position on the market of pre-installed application stores

On September 14th

, 2015, the Federal Antimonopoly Service (FAS) said Google violated Part 1

Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance).

Through the investigation, FAS thought that Google violated the law by giving “Google Play”

app store to vendors of mobile devices to pre-install it on the mobile devices under the conditions

including mandatory pre-installment of “Google” applications and “Google” search system and

mandatory priority positioning on the device home page.

According to Article 14.31 of the code of the Russian Federation on administrative violations, if

the party violates Article 10 of the Federal Law “on protection of competition”, FAS may impose

fines from one hundredth to fifteen hundredths of the income gained by the violator from selling

goods (works, services) on the market where the violation was committed. >>Read More Back

---------------------------------

India

CCI fines Kerala movie association and two of its office-holders for alleged

anticompetitive conducts

On September 8th

, 2015, the Competition Commission of India (CCI) imposed penalties of INR

186,590.19 (USD 2,809) on an association of film theatre owners in the state of Kerala, in

southern India, and two of its office-holders for alleged anticompetitive practices.

According to complaints from third parties, the party restricted the third party to screen

Malayalam- and Tamil-language movies since May 2013. In addition, the party restricted the

screening of new movies across the state. Upon investigation, CCI believed that the party

violated the Competition Law, and caused an appreciable adverse effect on the competition in the

film exhibition industry in Kerala. >>Read More Back

October 2015 Issue 11

14 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

---------------------------------

South Africa

SACC recommends prohibition of MTN and Telkom RAN sharing and bi-literal roaming

merger

On August 14th

, 2015, South Africa Competition Commission (SACC) recommended to the

Competition Tribunal the prohibition of a large merger whereby MTN intends to acquire certain

Radio Access Network (RAN) assets of Telkom. The effect of the transaction was such that MTN

will be able to access additional spectrum capacity from Telkom to rollout a Long Term

Evolution (LTE) network.

SACC found that the proposed transaction was likely to substantially prevent or lessen

competition in the mobile services market. The access to additional spectrum capacity by MTN

will confer first mover advantages to it relating to network speed, capacity and mobile offerings.

MTN would be able to gain a significant competitive and time advantage, offering network and

services. >>Read More Back

---------------------------------

Legislation

China

China (Tianjin) Pilot Free Trade Zone issues a set of measures on antitrust enforcement

On September 22nd

, 2015, Tianjin Municipal Development and Reform Commission, Tianjin

Municipal Commission of Commerce and Market and Quality Supervision Management

Commission jointly issued a set of measures on antitrust enforcement in the Tianjin Free Trade

Zone (FTZ). These legislations took effect on October 15, 2015.

According to the relevant legislations, three agencies will jointly set up the coordination office,

which will carry out antitrust enforcement in the FTZ. In addition, the coordination office also

was responsible for transferring information on potential cases to relevant antitrust agencies,

coordinating with other relevant departments to carry out merger review and organizing antitrust

work, etc. >>Read More Back

---------------------------------

United State

DOJ and FTC sign antitrust memorandum of understanding with KFTC

On September 8th

, 2015, DOJ and FTC signed an antitrust memorandum of understanding (MOU)

with the Korea Fair Trade Commission (KFTC) to promote increased cooperation and

communication among the competition agencies in both countries. The MOU was signed in

Washington, D.C. by Assistant Attorney General Bill Baer of the Justice Department‟s Antitrust

Division, Chairwoman Edith Ramirez of the FTC and Chairman Jeong Jae-chan of the KFTC,

and went into effect upon signature.

“This memorandum of understanding recognizes the day-to-day working relationship we already

enjoy with the KFTC and expresses our interest in continuing and strengthening that relationship

in the years to come,” said Assistant Attorney General Baer. “Enforcement cooperation –

including candid and constructive dialogue – is critical to maintaining competitive markets in the

United States, Korea and around the world.” >>Read More Back

October 2015 Issue 11

15 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

---------------------------------

European Union

UK CMA publishes guidance on new compensation schemes power in competition cases

On August 14th

, 2015, UK Competition and Markets Authority (CMA) published guidance on a

new power to encourage competition law-breaking businesses to voluntarily pay compensation

to victims.

Under the guidance, businesses setting up voluntary redress schemes can, in certain

circumstances, receive a discount of up to 20% of any penalty imposed by CMA for a breach of

competition law. The guidance went on to provide details on how businesses can apply to the

CMA for approval of a scheme, how it will consider such applications, the procedural framework

for determining levels of compensation, and how schemes should operate. The new power

enabling the CMA or a sector regulator with concurrent competition powers to approve voluntary

redress schemes came into force on October 1, 2015. >>Read More Back

---------------------------------

Brazil

CADE presents proposal of guidelines on Competition Compliance Programs

On August 19th,2015, CADE presented the preliminary version of the guidelines for

Competition Compliance Programs – a set of internal measures adopted by an economic agent

that allow it to prevent or minimize risks of infringements to the statutes related to its activity, or

to detect them more quickly if they do take place.

The guidelines were directed at the creation of a program internal to companies that was effective

in avoiding infringements to the Brazilian Competition Law. The recommendations aim

especially at conducts, since the Council already developed and published the guidelines on Gun

Jumping in regards to mergers and acquisitions.

The main objective was to guide companies in implementing compliance directed at Competition

Law, how it can be implemented and what were the benefits of its adoption. The guidelines

suggested that either may or may not be adopted, according to each company‟s particularities.

The assessment by CADE of the adoption of these suggestions would happen on a case-by-case

basis. >>Read More Back

---------------------------------

Zhong Lun in the News

China Cross-Border Investment Legal Summit held by Zhong Lun –2015

On September 17th

, 2015, China Cross-Border Investment Legal Summit – 2015 was jointly held

in Beijing by Zhong Lun Law Firm and China Law Review of Law Press, and supported by

China Investment Promotion Agency (CIPA). More than 200 participants, including the

representatives from well-known industrial and financial companies, attended the forum.

In antitrust session, Dr. Wu Hanhong, member of the Expert Advisory Panel of the National

Anti-Monopoly Commission, gave speech on law and economic issues related to merger review.

Wu Peng and Cen Zhaoqin, partners of Zhong Lun Law Firm, Dr. Wu Hanhong, Dr. Cui Shufeng

from Chinese Academy of Social Sciences and Dr. Wang Xiaoru, an American antitrust expert,

jointly discussed topcis such as the notification thresholds for concentrations of undertakings,

legal liabilities for failure to notify, and notification concerning VIE merger transaction,

October 2015 Issue 11

16 Disclaimer: This bulletin is provided for informational purposes only and is not legal advice. The transmission and receipt

of information contained in the document do not form or constitute an attorney-client relationship.

etc. >>Read More Back

---------------------------------------------------

Copyright©2015 Zhong Lun Law Firm. All Rights Reserved