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Hong Kong’s competition law now in force – Tips for financial institutions
Hong Kong’s competition law now in force – Tips for financial institutions
Hong Kong’s new competition law is now in effect and applies to all financial institutions in Hong Kong. Numerous financial institutions and payment systems participants have faced penalties by competition authorities overseas for anti-competitive co...
Neil Carabine, Richard Mazzochi, Urszula McCormack, James Wilkinson. 金杜律师事务所 2021-02-23 4 544
Hong Kong Competition Commission’s enforcement and leniency policies
Hong Kong Competition Commission’s enforcement and leniency policies
The Hong Kong Competition Commission has published two key policies setting how it intends to exercise its enforcement powers under the Competition Ordinance. The Competition Commission's Enforcement Policy outlines the Commission's enforcement prior...
Neil Carabine, Edmund Wan, Martyn Huckerby, James Wilkinson 金杜律师事务所 2021-02-23 1 537
A new cross border financing management regime implemented in China’s four free trade zones
A new cross border financing management regime implemented in China’s four free trade zones
On 22 January 2016, China’s central bank promulgated a notice entitled the PBOC Circular Regarding the Expansion of the Pilot Program of Prudent Macro Management of Cross-border Financing (“PBOC Circular”). According to the PBOC Circular, a new unifi...
Stanley Zhou (partner), Gu Jieyu (Senior associate) 金杜律师事务所 2021-02-23 1 558
First Boycott Decision: Be Careful with Concerted Exclusive Dealing
First Boycott Decision: Be Careful with Concerted Exclusive Dealing
On 8th 2015, the State Administration for Industry and Commerce publicized on its website Guangdong Administration for Industry and Commerce’s decision in relation to the boycott investigation into Guangzhou Panyu Animation Association (GAGA). This i...
Susan Ning, Kate Peng, Ying Zhu 金杜律师事务所 2021-02-23 1 519
Highlights of Recent Legislation in connection with China’s Anti-monopoly Law
Highlights of Recent Legislation in connection with China’s Anti-monopoly Law
From late 2015 to early 2016, we notice that China’s Anti-monopoly law regime has continued to gain momentum with an intensified legislative effort. It is reported that altogether six guidelines are expected to be issued by the Anti-monopoly Commissi...
Susan Ning, Ting Gong, Kate Peng 金杜律师事务所 2021-02-23 2 583
What has been “Changed” and “Unchanged” for the foreign investments in online publishing? -- A capsule review on the online publishing service rules
What has been “Changed” and “Unchanged” for the foreign investments in online publishing? -- A capsule review on the online publishing service rules
The newly released Online Publishing Service Rules, due to its multiple amendments to the previous Internet Publishing Interim Rules which has been implemented for almost 14 years, has caused widespread concern of China’s regulation on the online pub...
JIANG Ke (partner), YANG Nan (assistant associate) 金杜律师事务所 2021-02-23 1 511
Joint ventures under Hong Kong’s competition law: Compliance tips
Joint ventures under Hong Kong’s competition law: Compliance tips
Joint ventures must be properly structured and managed to ensure they do not breach Hong Kong’s new competition law. Agreements that breach the law may be declared void and participants may be fined up to 10 per cent of their annual turnover. It is t...
Neil Carabine, James Wilkison 金杜律师事务所 2021-02-23 1 608
Highlights of the Draft Amendment to China’s Anti-Unfair Competition Law: Abuse of a Comparatively Advantageous Position
Highlights of the Draft Amendment to China’s Anti-Unfair Competition Law: Abuse of a Comparatively Advantageous Position
On February 25th 2016, the State Council published the Anti-Unfair Competition Law (Draft Amendment) (the law hereinafter the “AUCL”, the draft amendment hereinafter the “Draft”) for public comments. Certain issues have arisen since the implementatio...
Susan Ning, Hazel Yin, Han Wu, Lingbo Wei 金杜律师事务所 2021-02-23 1 579
NDRC proposes to further simplify Chinese outbound investment regulatory regime – major changes to “road-pass” regime
NDRC proposes to further simplify Chinese outbound investment regulatory regime – major changes to “road-pass” regime
On April 13, 2016, the National Development and Reform Commission (NDRC) published a consultation paper on its website, seeking public opinion on the amendments (Amendments) proposed for the “Administrative Measures for the Verification and Record-fi...
Xiong Jin, Wang Kaiding , Huang Mengtian, Sun Yili, Luo Hai 金杜律师事务所 2021-02-23 1 581
Highlights on Antitrust Guidelines for Automotive Industry– Vertical Non-price Restrictions Face Potential Challenges
Highlights on Antitrust Guidelines for Automotive Industry– Vertical Non-price Restrictions Face Potential Challenges
Auto suppliers often impose non-price restrictions, such as territorial restrictions and customer restrictions, on their distributors. In previous penalty decisions of Anti-Monopoly Enforcement Authorities (“AMEAs”), non-price restrictions in associa...
Susan Ning, Cheng Liu, Hazel Yin, Yumeng Li 金杜律师事务所 2021-02-23 1 638
Highlights on Antitrust Guidelines for Automotive Industry– Clarifying the Enforcement on RPM
Highlights on Antitrust Guidelines for Automotive Industry– Clarifying the Enforcement on RPM
290.Inuntitled runtitledecent years, Chinese authorities have dealt with many antitrust cases for resale price maintenance (“RPM”), and such investigations have spread into various industries, e.g. milk powder, eye glasses, alcohol, automotive indust...
Susan Ning, Cheng Liu, Hazel Yin, Yun Bi 金杜律师事务所 2021-02-23 1 608
Highlights on Antitrust Guidelines for Automotive Industry — Overview and Frequently Asked Questions
Highlights on Antitrust Guidelines for Automotive Industry — Overview and Frequently Asked Questions
Onuntitled Muntitledarch 23rd, 2016, after several rounds of internal inquiries, Antitrust Guidelines for Automotive Industry (Draft for Comments) (hereinafter the “Consultation Draft”), drafted by the National Development and Reform Commission toget...
Susan Ning, Cheng Liu, Hazel Yin, Ruohan Zhang 金杜律师事务所 2021-02-23 1 636
Introduction of Extraterritorial Practices of Medical Institution PPPs
Introduction of Extraterritorial Practices of Medical Institution PPPs
In recent years, the Chinese government has been dedicated to the reform of state-owned hospitals and has issued a series of policy papers in this field, including Opinions of the State Council on Deepening Medicine and Health System Reform issued by...
Li Qiang 金杜律师事务所 2021-02-23 1 590
“Keep Calm and Carry On”: Keeping up with China’s changing rules for cross-border e-commerce
“Keep Calm and Carry On”: Keeping up with China’s changing rules for cross-border e-commerce
China cross border e-commerce has grown by leaps and bounds in the last 2 years since the PRC authorities encouraged the use of bonded zones. Some major concerns about cross border e-commerce in China were due to a raft of regulations that were issue...
Mark Schaub, Chen Bing 金杜律师事务所 2021-01-28 1 518
Companies Engaged in Different Business Could be Competitors under the Anti-Unfair Competition Law
Companies Engaged in Different Business Could be Competitors under the Anti-Unfair Competition Law
Along with the public consultation on amendment of the Anti-unfair Competition Law (“AUCL”), some long-time controversial topics of AUCL are awaiting to be clarified through this amendment. One of them is the necessity of defining the exi...
Susan Ning, Kate Peng, Weiqing Qiu, Yun Bi 金杜律师事务所 2021-01-28 1 590
Why settle for less? FCA and PRA consult on changes to the enforcement process
Why settle for less? FCA and PRA consult on changes to the enforcement process
On 14 April 2016, the Financial Conduct Authority (FCA) and the Prudential Regulatory Authority (PRA) published their consultation paper proposing various changes to the enforcement process in response to the following three publications. The suggest...
Rachel Couter,Olivia Short 金杜律师事务所 2021-01-28 1 541
Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve
Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve
In recent months there has been great concern, indeed bordering on panic, in some quarters arising from the issuance of dramatic but vague PRC cross-border e-commerce rules that were issued in April 2016. However, the PRC authorities have now address...
Mark Schaub, Chen Bing 金杜律师事务所 2021-01-28 1 574
Bank shutdown - the new frontier of AML/CTF regulation
Bank shutdown - the new frontier of AML/CTF regulation
The Money Authority of Singapore’s recent announcement that it intends to withdraw BSI Bank Limited’s license highlights the potentially severe consequences for banks breaching their AML obligations – and a trend beyond mere financi...
Urszula McCormack, Matthew Howlett 金杜律师事务所 2021-01-28 0 484
Bank shutdown - the new frontier of AML/CTF regulation
Bank shutdown - the new frontier of AML/CTF regulation
The Money Authority of Singapore’s recent announcement that it intends to withdraw BSI Bank Limited’s license highlights the potentially severe consequences for banks breaching their AML obligations – and a trend beyond mere financi...
Urszula McCormack, Matthew Howlett 金杜律师事务所 2021-01-28 1 502
Fair Competition Review – key step in competition policy
Fair Competition Review – key step in competition policy
On 14 June 2016, China’s State Council published on its website the Opinions on Establishment of the Fair Competition Review Mechanism in the Development of Market System (“Opinions”). The introduction of the fair-competition review...
Susan Ning, Kate Peng, Gong Ting 金杜律师事务所 2021-01-28 1 532
Competition regulators increase global cooperation
Competition regulators increase global cooperation
The volume and depth of cross-border cooperation between competition authorities is increasing, according to American Bar Association research. Greater collaboration between regulators has occurred as issues have become increasingly complex and multi...
Simon Holmes, Emma Radcliffe, Sharon Henrick, James Darch, Neil Carabine, James Wilkinson, Kate Peng 金杜律师事务所 2021-01-28 1 448
How to use humans to make “smart contracts” truly smart
How to use humans to make “smart contracts” truly smart
“Smart contract” is a buzzword phrase which could mean anything and be used to justify everything, from the realization of the value of block chain to the end of lawyers that can’t be right. To many, the recent “attack” ...
Scott Farrell, Claire Warren, Roslyn Hinchliffe, Johanan Ottensooser 金杜律师事务所 2021-01-28 4 555
The Drug Marketing Authorization Holder Mechanism: Moving Forward through Exploration
The Drug Marketing Authorization Holder Mechanism: Moving Forward through Exploration
On 6 June 2016, 7 months after the China Food and Drug Administration published the Pilot Plan for the Drug Marketing Authorization Holder Mechanism (Draft for Public Opinions), the General Office of the State Council officially released the Pilot Pl...
Huang Jianwen 金杜律师事务所 2021-01-28 1 469
Decoding the New Rules for Online Food Trading
Decoding the New Rules for Online Food Trading
On 14 July 2016, the China Food and Drug Administration (“FDA”) issued the Measures for the Investigation and Punishment of Unlawful Acts concerning Online Food Safety (“Measures”) to be implemented on 1 Oct, 2016. The Measure...
Chen Bing, Yang Yue 金杜律师事务所 2021-01-21 1 489
PRC issued consultation paper for CRS/FATCA implementation rules
PRC issued consultation paper for CRS/FATCA implementation rules
Chinese State Administration of Taxation (“SAT”) solicited public comments for the Administrative Measures for Due Diligence of Tax Related Information in respect of Non-Resident Financial Account (Draft for Comments) (the “Consulta...
Chen Yun (Robert) (partner), Wang Rong (managing associate) 金杜律师事务所 2021-01-21 1 505
A Song of Fire and Ice in the PRC M-Health Market
A Song of Fire and Ice in the PRC M-Health Market
With the rapid development of information network technology, healthcare system reform and mobile health market policy support from the Chinese government, the Chinese mobile health market which emerged in 2014 has grown quickly. More and more pharma...
Zhang Yunwei (Mark) (partner), Yao Jinchuang(associate), Zhan Jia(assistant associate) 金杜律师事务所 2021-01-12 2 544
The Cyber Security Law is coming! Five things enterprises should know
The Cyber Security Law is coming! Five things enterprises should know
On 7 November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress. The long-awaited Cyber Security Law will come into force on 1 June 2017, after three drafts spanning one and a half years. Th...
Jiang Ke (partner), Yang Nan (associate) 金杜律师事务所 2021-01-12 1 581
Financial institutions: How far are you from the Cyber Security Law?
Financial institutions: How far are you from the Cyber Security Law?
On November 7th, 2016, China passed the Cyber Security Law (the “Cyber Security Law”) of the People’s Republic of China (“PRC” or “China”) after three readings of its drafts. The new law is to take effect as from June 1st, 2017. Being the first legis...
Lou Xianying, Fu Guangrui, Gong Wenyi, Liang Yixuan, Chen Yun 金杜律师事务所 2021-01-12 1 494
Are we now in an era of ¥ 1 million fines for personal information violations?
Are we now in an era of ¥ 1 million fines for personal information violations?
On 7th November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress and will enter into force on 1 June 2017. One of highlights of the Cyber Security Law is its section concerned with th...
Susan Ning (partner), Hazel Yin (partner), Lingbo Wei (assistant associate), Huihui Li (assistant associate) 金杜律师事务所 2021-01-12 3 579
Abuse of Dominance: New Developments in the Tetra Pak Decision
Abuse of Dominance: New Developments in the Tetra Pak Decision
On 16 November 2016, the State Administration for Industry and Commerce of the People's Republic of China (“SAIC”) published its administrative penalty decision to fine Tetra Pak for abuse of dominant market position. The SAIC imposed a fine totaling...
Susan Ning (partner), Kate Peng (partner), Gao Sibo (associate), Zhang Kai (assistant associate) 金杜律师事务所 2021-01-12 2 480