The storm before the calm
January 24, 2011 | BY
Candice MakAs I write this, China president Hu Jintao is at the beginning of his four-day state visit to the US – the first one by a Chinese leader in 13 years.…
As I write this, China president Hu Jintao is at the beginning of his four-day state visit to the US – the first one by a Chinese leader in 13 years. These are interesting times for both countries, the two most powerful in the world. One holds a tenuous reign as the world's foremost economic might, the other, a rapidly rising nation powered by the engine of a massive population. The coming days will reveal how President Hu and President Obama approach their countries' increasingly fragile relationship. One thing I'm sure of is that they will have to find a way to cooperate. They must. Each needs the other, especially as business and trade allies.
So as the two leaders enjoy the formal dinners, and address various political and industry groups, let's turn our focus back onto China. What a busy end of 2010 and early 2011 it's been so far! In the few weeks leading up to the New Year, there's been a flurry of new, very significant legislation promulgated and published.
Our cover story this month tackles the most noteworthy (to foreign businesses) of the bunch, the five new rules related to the Anti-monopoly Law. On page 20, Adrian Emch of Hogan Lovells cautions companies to expect more compliance work and offers a detailed analysis of the new provisions.
Another major development this month was the official start of Shanghai's pilot programme allowing foreign private equity (PE) investors to make onshore investments with relaxed currency exchange controls (commonly known as the “QFLP”). An interesting feature on page 13 by Minter Ellison's Geraldine Johns-Putra delves into the remaining, fundamental challenges of China's PE market, while on page 25 Shawn Sun of Guangsheng & Partners provides a thoughtful overview of the new QFLP rules.
I hope you enjoy this very timely issue (all the antitrust regulations go into effect February 1) and find the articles relevant. I expect there will be a law-making lull in the beginning of February as China shuts down for New Year celebrations. But after then, it'll be back to business and we'll be bringing you the most pertinent legislative developments in our March issue. Have a wonderful New Year of the Rabbit!
As always I welcome your thoughts, opinions and questions, so please don't hesitate to get in touch with me using the details below.
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www.chinalawandpractice.com
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