Our speakers provided an overview of the key antitrust enforcement priorities and trends across the EU, UK, US and Asia Pacific. As companies globally face the challenges presented by supply chain disruption, input shortages, cost increases and tariff uncertainties, authorities are clamping down on collusive responses to these challenges –…
On 20 December 2024, China’s State Administration for Market Regulation (SAMR) officially released the final version of its Guidelines on the Review of Horizontal Mergers (the “Guidelines”), which came into effect on the same day. The Guidelines provide a comprehensive framework of the key regulatory considerations under China’s merger control regime, setting out potential competition law concerns arising from M&A transactions between actual or potential competitors, and outlining possible arguments to mitigate these concerns.
The amendments to the Occupational Safety and Health Act 1994 (OSHA) and the repeal of the Factories and Machinery Act 1967 (FMA) will come into effect on 1 June 2024.
The amendments introduce significant and wide-ranging changes to the OSHA (which incorporate provisions of the FMA). These changes include the introduction of new duties and obligations on employers and increased penalties for non-compliance.
With effect from 26 April 2024, the State Administration of Market Regulation’s Amended Anti-monopoly Compliance Guidelines for Business Operators notably features the provision of credit for antitrust programs verified by the authority.
The Guidelines set out for the first time the conditions and process for such credit to be granted. The specific prerequisites for granting credit and the type of credit granted varies, depending on the stage of enforcement. Compared with the original 2020 Guidelines, the amended version is more detailed and includes helpful guidance on key antirust risks alongside case studies.
This week we kicked off our Annual Compliance Conference with key antitrust compliance topics that are impacting businesses today. Specifically, we discussed antitrust risk and enforcement in relation to vertical agreements, and how to manage compliance risk in the context of transactions.
On 26 January 2024, China issued significantly higher merger filing turnover-based thresholds, with immediate effect. Notably, China has removed a hybrid threshold proposed in the June 2022 draft, which was based on both revenue and market value of target companies and purported to target high-value “killer” acquisitions.
On 24 June 2022, China’s National Peoples’ Congress approved far reaching amendments to China’s Anti-Monopoly Law which become effective from 1 August 2022 (“AML Amendments”).
Alongside the AML Amendments, the State Administration for Market Regulation has issued for public comment proposed updates to key implementing rules and regulations concerning cartels and vertical restraints, abuse of dominance, merger control and abuse of IP rights.
Of particular relevance to business operations in China and M&A activity, the AML Amendments include stricter penalties for antitrust violations; increased enforcement powers; revised thresholds for merger control; an express prohibition of hub & spoke arrangements; potential exemptions/defenses for certain vertical restraints including resale price maintenance, and continued scrutiny of the platform economy.
On 24 June 2022, China’s National People’s Congress approved far reaching amendments to China’s Anti-Monopoly Law which will become effective from 1 August 2022 (“AML Amendments”).
Alongside the AML Amendments, China’s competition regulator has published revised draft guidelines on a wide range of topics for public consultation. This reform package will have significant consequences for the future of merger control and antitrust enforcement in China.
Baker McKenzie is delighted to invite you to join us on 21 July 2022 for a webinar via Zoom, where our Baker McKenzie antitrust and competition specialists in Beijing and Hong Kong will provide you with a concise briefing on key considerations with respect to these reforms and practical implications for your business.
The Guide to Doing Business in China provides an introduction to selected aspects relating to investment and business operations in the People’s Republic of China under current Chinese laws and policy during the COVID pandemic, including a summary of important areas of concern to all investors in China: mergers and acquisitions, data privacy issues, antitrust and competition issues, taxation, employment, intellectual property protection, trade and import and export rules, financial services, as well as anti-bribery compliance and dispute resolution issues.
Globally, antitrust and regulatory regimes on data in the mobility sector are developing, but still inconsistently. This webcast provides legal guidance from North America, China and Europe on how companies can mitigate antitrust risks when developing a profitable new data monetization strategy.