Antitrust

The SAIC's new Provisions emphasise the interplay between IP and competition, specifically agreements, restrictive acts, patent pools and standard essential patents. Businesses should learn from the Qualcomm and Huawei v InterDigital cases and be wary of large revenue-based penalties

The SAIC's new guidelines make it mandatory for dominant market players to license their IP rights. Companies – high tech and pharmaceutical in particular – will need to be careful to avoid AML investigations

The SAIC's new guidelines make it mandatory for dominant market players to license their IP rights. Companies – high tech and pharmaceutical in particular – will need to be careful to avoid AML investigations

Abusing IP rights to eliminate competition may be fined up to 10% of the sales turnover.

MOFCOM gives instructions on case naming for anti-monopoly filings.

While the Ministry of Commerce has expanded on its implementation of restrictive conditions by clarifying procedures and introducing the crown jewel and upfront buyer mechanisms, how it determines its preference for remedies requires further explanation

While the Ministry of Commerce has expanded on its implementation of restrictive conditions by clarifying procedures and introducing the crown jewel and upfront buyer mechanisms, how it determines its preference for remedies requires further explanation

Zhong Lun Law Firm

MOFCOM may require a "Crown Jewels" divestiture of a concentration.