competition

Anti-Unfair Competition Law Revisions Head in Right Direction

China’s proposed revisions to the Anti-Unfair Competition Law (AUCL) create greater consistency between measures such as the Anti-Monopoly Law (AML), Advertising Law, and Trademark Law. The first major revision to the AUCL since its 1993 inception lays out new principles and provisions, targets conduct not currently regulated in other existing laws, and brings Chinese law closer to international legal standards.

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All’s Fair in Competition Policy and Promises—and Hopefully Enforcement

The enforcement of China’s Antimonopoly Law (AML) remained a priority for the United States throughout 2015, despite the fact that few new cases were launched last year. President Xi Jinping’s September visit to the United States and the November Joint Commission on Commerce and Trade (JCCT) in Guangzhou made progress to improve fair treatment, due process and regulatory transparency in AML cases, and to clarify the relationship between the use of intellectual property (IP) and fair competition.

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Is China’s Antimonopoly Campaign Ramping Up Again?

Enforcement of China’s Antimonopoly Law (AML)—an ongoing priority for the US-China Business Council (USCBC) and the business community—has remained prominent in recent bilateral discussions. AML-related issues featured among the outcomes reached during last month’s state visit to the United States by Chinese President Xi Jinping, as well as in USCBC meetings in Beijing with senior officials from China’s three antitrust agencies.

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AML

M&A in China’s SOEs: Boosting Global Competitiveness

Lion dog

The recent flurry of M&A activity in China reflects the not-so-invisible hand of China’s State-owned Assets Supervision and Administration Commission (SASAC), founded in 2003 to oversee the largest of the non-financial state-owned enterprises (SOEs) in China. While SASAC controlled more than RMB 40 trillion in assets ($6.44 trillion) as of June 2015, the number of central SOEs in its portfolio has shrunk, from 196 in 2003 to 110 as of early August 2015.

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M&A
SOE

MOFCOM’s Shang Ming Talks Antitrust Priorities, Changes

In a move towards transparency, Ministry of Commerce (MOFCOM) Director General Shang Ming met with various groups in Washington, DC, last week to discuss China’s antitrust and competition policy priorities for 2015. Members of the US-China Business Council (USCBC) met with MOFCOM’s head of competition policy in a small roundtable format to discuss recent enforcement trends, and elaborate on continued company concerns in this issue area, including lengthy review times for global mergers and acquisitions and non-competitive factors being used in review processes.

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DC

How China’s Energy and Electricity Pricing Liberalization Impacts All Industries

President Xi Jinping called for an “energy revolution” in June 2014 aimed at improving energy efficiency through the establishment of a “market-oriented energy pricing mechanism.” One year later, the central government has made notable improvements toward liberalizing energy and electricity prices—which many USCBC member companies see as an important factor in allowing the market to play a greater role in China’s economy and creating a more competitive business environment.

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Draft Patent Law, New Rules Leave Some IP Issues Unaddressed

The flurry of recent intellectual property (IP) regulations released by Chinese agencies touches on a number of issues of concern to foreign companies in China, including inventor compensation, patent enforcement, use of patents in standard-setting, and linkages between IP and competition. While the regulations show some progress in these areas, they also reflect the significant gaps that remain between the Chinese regulatory process and foreign company recommendations.

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IP

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