Category Archives: News

United States: New Tool For Antitrust Investigations In China

September 16, 2016

- In recent years, China’s National Development and Reform Commission (NDRC), the antitrust enforcement agency responsible for price-related monopoly conduct, has cracked down on resale price maintenance (RPM) through a series of enforcement actions. These have targeted companies in industries including baby formula, automobiles, liquor, and eyeware. A recent penalty decision against Chinese white goods giant Haier issued by the Shanghai Price Bureau (the Shanghai branch of the NDRC) is particularly noteworthy, because it explicitly referenced screenshots of mobile phone chat histories as evidence to prove the RPM conduct. This decision raises the question, to what extent can personal communications such as smartphone messages be used as evidence in antitrust investigations?
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Non-compete clauses under the new competition law

September 8, 2016

- In a merger or acquisition (M&A) where a company purchases either the assets or shares of stock of a competing company, the buyer usually insists the inclusion of a non-compete clause that prohibits the seller  from engaging in any business that competes with the buyer.
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Drink firm faces suit after probe

July 25, 2016

- The Trade Competition Board is set to file a lawsuit against a leading energy drink company after an investigation found it had used unfair trade practices by prohibiting retail outlets from selling competitors’ products.
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