Search for:
Category

Antitrust / Competition

Category

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 22 June 2022, the Commissioners of the Federal Economic Competition Commission (COFECE) approved conducting a research study on competition in the digital financial services market. The Market Study’s purpose is to analyze the structure, operation and regulatory framework of the digital financial services sector in Mexico.
The digital financial services considered in the study include electronic payment and crowdfunding services, those offered by Financial Technology Institutions, also known as Fintech, which are regulated by the Law to Regulate Financial Technology Institutions.
According to COFECE, the Market Study is important because the financial services sector contributes a significant percentage of the country’s Gross Domestic Product, and digital financial services can also influence the financial options available to users and facilitates credit access to small and medium-sized companies.

Our team of over 300 antitrust experts around the world have collaborated to produce a truly innovative Global Merger Analysis Platform (GMAP). GMAP answers 90 detailed questions on merger control law in 120 jurisdictions. It is updated in real time, offering more depth and more legal certainty than existing products in the market.

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.

On 25 May 2022, the Federal Council passed an amendment to the Price Disclosure Ordinance. The purpose of the amendment is to ensure clarity and comparability of prices and to prevent the use of misleading prices. This latest amendment was precipitated by federal court ruling 4A_235/2020, which caused uncertainty on the question of the timing of price disclosure in online trade.

It is well known that online booking platforms often contractually restrict the freedom of accommodation providers to set their own prices for the accommodation offered (so-called “price-fixing clauses”). A newly adopted amendment to the Swiss Act against Unfair Competition (UCA) now limits these as well as other practices of online booking platforms

5G is helping to drive important business opportunities with its high-speed connections, ultra-low latency, and ability to transmit huge volumes of data and enable simultaneous connections with multiple devices. As businesses seek to leverage 5G technology, find out sazwwhat blind spots exist and how connected solutions can help.

In 2008, Hong Kong’s Court of Final Appeal issued a landmark judgment in Koon Wing Yee v Insider Dealing Tribunal deciding that if a regulator is seeking a financial penalty, the individual or company being investigated is, for human rights purposes, facing a criminal charge and entitled to fundamental Bill of Rights protections.

Hong Kong’s competition law was being drafted at the time. The enforcement framework and law were fundamentally rewritten because of Koon. The Administration said that appropriate criminal safeguards, including fair trial, protection against self-incrimination and standard of proof beyond reasonable doubt, must be in place both during investigation and trial to meet the requirements of the Hong Kong Bill of Rights. In 2019, in the first case to come to trial, Hong Kong’s Competition Tribunal agreed.

On 24 February 2022, the Russian Federation launched a full-scale military invasion of Ukraine. The martial law is in effect in Ukraine since then. As a result, special legislation has been adopted in various areas, including that directly affecting business activity. Baker McKenzie lawyers are pleased to present the fourth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.