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Antitrust/Competition

Overview

Being one of the most crucial practice areas, AnJie antitrust/competition services cover merger control filing, defense against antitrust investigation, antitrust private litigation, risk control and compliance from the perspective of competition etc.

AnJie Antitrust/Competition Department is widely recognized as the leading antitrust team within PRC jurisdiction by many international ranking institutions including Chambers & Partners, Legal 500, PLC and ALB. In 2012, several AnJie lawyers are honored as the “Band 1 Competition/Antitrust Lawyers” by Chambers & Partners. In addition, AnJie lawyers have actively participated in drafting Chinese antitrust and anti-unfair competition law and regulations. They have a great understanding of Chinese legislation and the enforcement environment of competition-related laws in PRC. As antitrust experts, partners from AnJie Antitrust/Competition Department also deliver a series of lectures via official websiteof Shangbao. Those lectures have received high remarks from the antitrust circle.

AnJie lawyers have been extensively involved in the drafting, advising, discussion and formulation of Antitrust Law and its supporting regulations. We have established close working relations with relevant authorities. AnJie Antitrust/Competition Department always observes and follows the latest development of Chinese antitrust legislation and policies.  Meanwhile, we have been associated with lawyers, scholars as well as economists from antitrust organizations in U.S., EU, Japan, Korea and other countries.. AnJie Antitrust/Competition Department consists of highly experienced partners and senior lawyers who are conversant in both Chinese and English. Their professional devotion is well-recognized by our clients. Notably, our antitrust lawyers are proficient at both law and economics, and some even have conducted post-doctoral researches. All these serve as foundation for their capability to conduct economic analysis on antitrust/competition issues.

To date, AnJie Antitrust/Competition Department has represented a large number of enterprises in their concentration filings to the Ministry of Commerce of the People’s Republic of China (MOFCOM), and all fillings have gained approval from MOFCOM. We also established cooperative relationships with well-known international law firms and made joint efforts with them for Chinese companies regarding concentration notification filings to overseas antitrust regulators. The clients that AnJie has served range from large state-owned enterprises to celebrated multinational companies and medium-sized domestic or foreign companies. We serve in multiple fields including automobile, energy, finance, machinery, electronics, textile, aviation and consumer goods etc. In providing antitrust filing service, we are capable of defining the relevant market in combination with unique features of the industry, making analysis on business efficiency and social welfare ex post the concentration for clients. Our legal background and economic knowledge facilitate us to provide our clients with the exact high-quality services they demand. Furthermore, we also have extensive connections with Chinese and overseas economists and institutional researchers, which makes our one-off supply of antitrust documents available to clients.

AnJie Antitrust/Competition Department’s greatest strength lies in defending against antitrust investigations by relevant regulators. Having represented both Chinese-funded and foreign-funded companies, we responded to antitrust investigations against monopoly agreements or abuse of dominant position and achieved desired results.

By combining legal theories with litigation practices, our lawyers provide top-class services to our clients in antitrust private litigations. 

In addition, we offer competition law trainings, compile compliance brochures, and make antitrust analysis of competition modes to Fortune 500 companies, listed companies and state-owned enterprises.

We also provide analysis, defenses and antitrust filings for clients’ concentrations involving national security review.

Our Expertise

AnJie lawyers are able to provide clients with antitrust/competition services including but not limited to the following aspects:

Monopoly Agreement (Cartel)

·Providing analysis on whether relevant conduct constitutes monopoly agreement and the legitimacy analysis

·Representing clients in administrative investigations or private litigations against Cartels

·Antitrust compliance review of the pricing mechanism, commercial contracts, competitive strategies, distribution channels and sales models

Abuse of dominant position 

·Providing analysis on whether relevant conduct constitutes abuse of dominant position and the legitimacy analysis

·Representing clients in administrative investigations or litigations against abuse of dominant position

Concentration notification filing

·Assisting clients in their concentration notification filings with MOFCOM and applying for administrative reviews and litigations if necessary

·Analyzing for clients on the necessity of concentration notification filings with MOFCOM

·Representing clients in pre-consultation with MOFCOM on concentration notification filings;

·Providing legal service when divestiture and additional conditions need to be imposed

·Challenging competitors for their concentrations

 Antitrust private litigation

·Feasibility analysis of antitrust private litigations

·Representing clients in defenses against private litigations regarding monopoly agreements, abuse of dominant position and abuse of administrative power

·Instituting legal proceedings against monopolistic behaviors to safeguard clients’ interests

·Collecting evidence for clients’ antitrust private litigations

·Representing clients in agreement negotiations and conclusion for reconciliation or mediation

Other services

·Legal analysis for clients in and abroad for their M&A with regard to passing security review in countries and regions across the globe

·Legal counseling, strategic analysis and dispute resolutions for clients regarding other unfair-competitions

·Providing Antitrust Law compliance training for clients’ working staff

·Drafting Antitrust Law compliance brochure

Professionals