Ask-a-Lawyer: How will the Anti-Monopoly Law affect my business?
Chinese competition law is going through its biggest changes in history. On 24 June 2022, the Standing Committee of the National People's Congress passed the long-awaited revision to the Anti-Monopoly Law (AML), China's key antitrust statute. Barely two days later, on 27 June 2022, the Chinese competition authority – the State Administration for Market Regulation (SAMR) – circulated for public comment six rules implementing the AML in various areas.
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About the Anti-Monopoly Law
These recently-announced changes will have an important impact on companies doing businesses in China. For example, conduct to be held anti-competitive under the AML will be subject to much higher fines going forward. Companies could get fined up to 50% of the annual turnover; individual managers and employees might be sanctioned for cartel conduct; and an AML sanction might be recorded in China's social credit registry. Conversely, there are developments which are likely to reduce the compliance burden for companies – for example, fewer M&A and JV transactions will need to be notified to SAMR as the filing thresholds are proposed to be increased; and there is a new market share "safe harbour" below which companies' distribution set-up (including distributor pricing rules) will be exempted.
Want to know how these changes will affect your business?
Join BritCham for this 'Ask-a-Lawyer' session with Hogan Lovells to find out more!
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Session details
Thursday 14 July
10:30 - 12:00
3rd floor, Hotel Jen (新国贸饭店)
FREE for BritCham members
RMB 200 for non-members
Please note that this is a hybrid event - an online option is available for those unable to join in person.
Scan the QR code below to sign up!
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Speaker
Partner
Hogan Lovells
Adrian Emch
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Adrian Emch began developing his understanding in competition/antitrust law while at university. After graduation, he first worked at the Directorate General for Competition (DG COMP) at the European Commission, and then spent several years in private practice in Brussels focusing on European Union
competition law. In July 2008, Adrian made his second move back to China, which was just a month before the country's Anti-Monopoly Law came into force. Since that time, Adrian has had the privilege of witnessing and actively participating in shaping the development of China's nascent antitrust regime.
As a fluent Mandarin speaker and with his experience as lecturer at Peking University, Adrian smoothly navigates business and legal communities from both the West and China. Adrian's experience covers all aspects of competition/antitrust law, including merger control, cartel/abuse of dominance investigations, and antitrust counselling. Multinational companies – based in China and outside – work with Adrian and his team in 'bet the company' matters. For example, Adrian's
team worked for IBM in the disposals of both its x86 server business to Lenovo and its semiconductor assets to Global Foundries – both multi-billion USD transactions – in the Chinese merger process.
In partnership with
Hogan Lovells is a global legal practice that helps corporations, financial institutions, and governmental entities across the spectrum of their critical business and legal issues globally. We have over 2,800 lawyers across 50 offices in Africa, Asia, Australia, Europe, Latin America, the Middle East, and North America.
Our practice breadth, geographical reach, and industry knowledge provide us with insights into the issues that affect our clients most deeply and enable us to provide high-quality business-oriented legal advice to assist them in achieving their commercial goals.