We have created this guide to give an overview of the key issues around secondary capital raising across almost 30 jurisdictions. As one of the world’s largest capital markets practices, with a presence across 77 offices in 46 countries, we can help clients to better understand their options and navigate the challenges that come with raising capital during uncertain times, no matter where in the world they are.
The Supreme People’s Court has identified certain relevant factors when assessing such agreements from an antitrust perspective. The Chinese entity of a multinational medical device manufacturer was fined RMB 9.12 million for RPM, representing 3% of its 2020 total China-wide revenue. The antitrust authority will be stepping up oversight over the platform economy, technology development, data security and livelihood sectors such as utilities, healthcare and medicine.
The first draft, released on 2 March 2022, is the authority’s first comprehensive overview of competition issues specific to the digital economy and its enforcement position and policy direction. This update was published as part of our quarterly newsletter, Asia Pacific Competition Highlights.
The Indonesian Competition Commission (Indonesian acronym “KPPU”) has issued a regulation revoking the policy that extended the deadline for merger filings to 60 working days since closing, from 30 working days. The original deadline will be applicable effective 1 May 2022. Since November 2020, the authority has been implementing relaxation policies for competition matters due to the COVID-19 pandemic, including the extended deadline for merger filings.
In February 2022, the Indonesian Competition Commission issued the first decision of this type on the cooperation between PT Pos (Persero), the state-owned postal and package delivery company, and Agenpos, its small business partner, under a separate law governing such activities.
On 20 April 2022, the French government adopted an ordinance adapting French law to EU Regulation 2017/745 on medical devices (MDR). Although the MDR is directly applicable since its entry into force on 26 May 2021, adaptations of the provisions of the French Public Health Code were necessary and much awaited by the medical device industry.
In its recent judgment (24 March 2022 – C-533/20, Somogy Megyei Kormányhivatal/Upfield Hungary Kft.), the European Court of Justice has decided how specific the labeling of vitamins in the list of ingredients of food must be. The court ruled that indicating the specific vitamin formulation (e.g., “cholecalciferol”) is unnecessary. Rather, using the more general name of the vitamin such as “Vitamin D” in the list of ingredients is sufficient. In addition, the judgment of the court can be understood in such a way that indicating the more complex vitamin formulation in the list of ingredients might even be prohibited.
On 22 March 2022, the Ministry of Science and Technology of the People’s Republic of China issued Draft Implementation Rules of the Administrative Regulations on Human Genetic Resources for public comments until 21 April 2022. The Draft Rules provide clarifications and operational details on the Administrative Regulations on Human Genetic Resources promulgated in 2019.
On 7 April 2022, the Supreme Court of Justice of the Nation (SCJN) resolved the matter of unconstitutionality, filed by a parliamentary group of the Senate, against the modifications to the Electric Industry Law, published on 9 March 2021. The precedent created by the resolution of the unconstitutionality action by the SCJN, could be relied upon by the District Courts and the Collegiate Courts when ruling in amparo trials.
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.