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Practice Areas

Antitrust/Competition
Overview
Antitrust & Competition is one of AnJie's core practice areas. Consisting of 8 partners and more than 20 experienced associates, AnJie's Antitrust/Competition team is consistently recognized as an industry leading practice group in China. The team is composed of graduates from prestigious law schools at home and abroad, and most associates have accumulated years of experience in top law firms in addition to their practice experience with AnJie. Many AnJie partners also serve as arbitrators at China International Economic and Trade Arbitration Commission and have many years of litigation experience.
 
AnJie's legal services cover all aspects of Antitrust/Competition law. This includes antitrust investigation defense, merger control filing, antitrust and anti-unfair competition litigation, antitrust and anti-unfair competition compliance and consultancy, the handling of IP-related antitrust issues, and fair competition review, among other matters. AnJie's clients include not only large-scale state-owned enterprises, but also well-known multinational companies and large-scale domestic and foreign enterprises, covering internet, electronics, communications, automobile, energy, chemical, pharmaceutical, high-tech, shipping, finance, machinery, textile, aviation, consumer goods and many other fields.
 
With outstanding service and continuous exploration of the cutting-edge issues in the antitrust/competition area, AnJie Antitrust/Competition team has won wide recognition for its the Antitrust & Competition practice both at home and abroad, with recognition from many famous international ranking publications, including Chambers & Partners, Who’s Who Legal, The Legal 500, the Global Competition Review, Asian Legal Business, Asia Law & Practice, the China Business Law Journal, and Expert Guide, among other publications. At the same time, the main partners of the team have been ranked consistently as outstanding antitrust/competition lawyers in China, the Asia Pacific region and even the world by the above-mentioned publications.

Honors & Awards
    • Leading Antitrust & Competition Law Firm — Chambers and Partners  Asia-Pacific (2014-2021)
    • Tier 1 Antitrust/Competition Lawyer of China — Chambers and Partners Asia-Pacific (2019-2021)
    • Antitrust Lawyer of China – Chambers and Partners Asia-Pacific (2009 - 2021)
    • Leading Competition/Antitrust Lawyer in China — Who's Who Legal (2012-2020)   
    • Tier 1 Law Firm in Antitrust/Competition – The Legal 500 (2020-2021)
    • Recommended Antitrust and Competition Law Firm in China — The Legal 500 (2016-2019)
    • Recommended Lawyer in Dispute Resolution — The Legal 500(2017, 2019-2020)
    • Recommended Antitrust Lawyer in China — The Legal 500 (2017-2019)
    • Antitrust & Competition Law Firm of the Year — Legalband (2019)
    • Chinese First-tier Law Firm in Antitrust/Competition — Legalband (2015-2020)
    • Anti-Trust & Competition Law Firm of the Year — Asian Legal Business (2013, 2015, 2017)
    • Competition & Antitrust Firm of the Year — China Business Law Journal (2013, 2017)
    • Recommended Competition/Antitrust Law Firm — China Business Law Journal Monthly (2014)
    • Antitrust & Competition Law Firm of the Year — Asian Legal Business (2015)
    • Leading Lawyer for the practice area Competition & Antitrust — Asialaw (2015-2016, 2019-2020)
    • Top 10 Great Lawyer — China Intellectual Property Forum (2020)
    • Top 10 Antitrust Lawyer – China Intellectual Property Forum (2018-2020)
    • Chinese Lawyer of Dispute resolution — Benchmark Litigation (2013-2014, 2019)

Our Expertise

Antitrust and Anti-Unfair Competition Litigation

  • Representing clients in private litigation matters concerning alleged violation of the AML, such as concluding monopoly agreement, abuse of market dominance, abuse of administrative power, and abuse of intellectual property rights
  • Representing clients in antitrust administrative litigation matters disputing administrative antitrust penalties
  • Representing clients in private litigation matters concerning allegations of unfair competition
  • Providing legal advice and strategic analysis on private antitrust and anti-unfair competition litigation
  • Providing feasibility analyses for private antitrust and anti-unfair competition litigation
  • Representing clients in negotiations on reconciliation and mediation agreements


Administrative Antitrust Investigations

  • Representing clients in response to administrative investigations initiated by SAMR and SAMR’s provincial branches relating to abuse of market dominance
  • Representing clients in response to administrative investigations initiated by SAMR and SAMR’s provincial branches relating to horizontal and vertical monopoly agreements 
  • Representing clients in investigations initiated by SAMR and SAMR’s provincial branches relating to abuse of administrative power
  • Initiating complaints to SAMR on behalf of clients against other undertakings' suspected antitrust violations
  • Assisting clients by simulating an antitrust investigation and providing corresponding suggestions on investigation prevention, response, and compliance 


Merger Control Filing

  • Assessing the obligation of a merger control filing under the Chinese anti-monopoly legal framework
  • Assisting clients with their merger control filings with SAMR
  • Representing clients in pre-consultations with SAMR regarding merger control filings
  • Providing legal advice, strategic analysis and negotiation services regarding divestiture and other remedial conditions in merger control filings
  • Representing clients in submitting complaints to SAMR against third-parties’ merger control filings
  • Assisting clients with coordinating their merger control filings with authorities in various jurisdiction 
  • Applying for administrative reconsideration or bring a lawsuit disputing a decision by SAMR


Antitrust and Anti-unfair Competition Compliance and Consultancy

  • Providing antitrust compliance analysis and solutions for lowering non-compliance risks, including clients’ pricing policies, business contracts, strategic cooperation, competitive strategies, distribution channels, and sales models
  • Providing training on antitrust and anti-unfair competition law compliance, including interview and dawn raid simulations for corporate clients’ employees 
  • Drafting, preparing and updating antitrust and anti-unfair competition law compliance manuals or courses for clients
  • Providing legitimacy analyses and risk assessments of administrative monopoly behavior for clients
  • Providing clients with strategic suggestions related to administrative monopolies, and assisting clients in communicating with government departments
  • Providing analysis as to whether a particular business practice constitutes a monopoly agreement under the AML
  • Providing analysis as to whether a particular business practice constitutes abuse of market dominance under the AML
  • Providing analysis as to whether a particular practice constitutes an administrative monopoly
  • Assisting clients in obtaining exemptions for monopoly agreements
  • Advising clients on mitigating risks of monopoly agreements and abuse of market dominance 


IP-Related Antitrust Matters

  • Representing clients in response to antitrust investigations initiated by SAMR relating to the abuse of intellectual property rights
  • Representing clients in antitrust and anti-fair competition litigation relating to intellectual property
  • Advising on IP licensing issues under China’s antitrust laws
  • Advising on Standard Essential Patent issues under China’s antitrust laws
  • Advising on IP misuse defenses under China’s antitrust laws 
  • Advising on the IP policies of standard-setting organizations
  • Advising on the compliance of patent pools under China’s antitrust laws
  • Advising on compliance related to product design under China’s antitrust laws


Fair Competition Review

  • Advising on whether laws, policies and systems issued or to be issued by government departments conform to the fair competition review system
  • Representing clients to advocate for fair competition review requirements regarding laws, policies and systems to be issued by government departments, or to report or undertake related administrative litigation against laws, policies and systems not conforming to a fair competition review system


Other services

  • Analyzing the legal issues surrounding clients’ M&A activity under security review systems in countries and regions across the globe
  • Providing competition law compliance manuals for clients
  • Providing training for corporate clients’ employees on AML compliance

Representative Cases
  • •  Successfully represented Sinopec in its defense against a refusal to deal action brought by Yunnan Yingding Bioenergy, the first such antitrust case in the petroleum industry
  • •  Successfully represented Panasonic against a civil antitrust action brought by downstream dealers 
  • •  Successfully represented ChemChina and Syngenta in a merger control filing, which was unconditionally approved by MOFCOM, representing the largest outbound investment move by a Chinese company in 2017

Recommended Lawyers
Beijing Office

19/F, Tower D1, Liangmaqiao Diplomatic Office Building, No. 19 Dongfangdonglu, Chaoyang District, Beijing 100600

Tel:+86 10 8567 5988

Fax:+86 10 8567 5999

Shanghai Office

28/F, K.Wah Center,
No. 1010 Huaihai Road (M), Shanghai 200031

 

Tel:+86 21 2422 4888

Fax:+86 21 2422 4800

Shenzhen Office

38/F, Tower 3, Kerry Plaza,
No. 1-1 Zhongxinsi Road, Futian District, Shenzhen 518041

Tel:+86 755 8285 0609

Fax:+86 755 8285 0605

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