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ARTICLE · 07 MARCH 2012

China Anti-Monopoly Law: What Might We See In 2012?

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On February 16, 2012 the Beijing office of Sheppard Mullin had a reception to celebrate the opening of new office space in China World Trade Center in the central business district. Firm Chairman Guy Halgren welcomed our 120-plus guests. Prior to the reception, Sheppard Mullin hosted a roundtable discussion on the Anti-Monopoly Law of China ("AML").

ChinaAntitrust/Competition Law
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Let us begin with a look at the past three years of antitrust enforcement in China and recent trends in the US. Today, we are lucky to have with us Zhang Yuqing, former general counsel for MOFTEC/MOFCOM, who led an inter-agency working group to develop the Anti-Monopoly Law and Gary Halling, head of Sheppard Mullin's antitrust practice. I will open with a brief summary of some highlights of antitrust enforcement in China and the US so that we have a backdrop or framework for our discussion.

China Anti-Monopoly Law: it's still evolving

Unlike other jurisdictions where antitrust enforcement is centralized, in China three agencies enforce the Chinese Anti-Monopoly Law ("AML"). The Ministry of Commerce ("MOFCOM") handles mergers, while cases related to anticompetitive conduct are split between the National Development and Reform Commission ("NDRC") and the State Administration for Industry and Commerce ("SAIC"). The NDRC handles price-related violations and SAIC the

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