In this episode of the China Business Law Podcast, hosts Art Dicker and Iris Yuan interview Ying Song, Executive Partner at the law firm AnJie Broad who has personally handled numerous well-known cases as an expert in anti-monopoly law (AML). Ying provides insights into how Chinese authorities handle different types of cases and also gives us an in-depth comparison of China's AML practices with those in Europe and the U.S.
Ying Song
https://www.linkedin.com/in/ying-song-66742526/
Iris Yuan
https://www.linkedin.com/in/irisjlyuan/
Art Dicker
https://www.linkedin.com/in/art-dicker/
Welcome to another enlightening episode of the China Business Law Podcast! In this episode, co-hosts Art Dicker and Iris Yuan sit down with a special guest, Song Ying, to delve into the intricate world of Anti-Monopoly Law (AML) enforcement in China. As an absolute expert in this field, Ying offers a comprehensive overview of current trends, key cases, and practical advice for companies navigating the complexities of AML.
Ying is a leading authority on anti-monopoly law, currently an executive partner at AnJie, Ying brings a wealth of knowledge and experience to the podcast.
Ying kicks off the discussion by outlining the three main types of behaviors regulated under China's AML:
1. Monopoly Agreements: Horizontal and vertical agreements that restrict competition, such as price-fixing, market partitioning, and output restriction.
2. Abuse of Dominance: Actions by dominant companies that exploit their market position, including excessive pricing, exclusionary practices, and refusal to deal.
3. Merger Control: Pre-transaction filings required for large deals to prevent anti-competitive consolidations.
Ying emphasizes the differences between China's approach and that of the EU and the US, noting China's post-regulation stance for monopoly agreements and abuse of dominance, versus its pre-regulation approach for mergers.
These landmark cases highlight the hefty penalties imposed on tech giants for anti-competitive behaviors:
Ying notes a recent shift in enforcement priorities to the pharmaceutical sector, where excessive pricing and anti-competitive practices have drawn significant attention.
The Hitachi Metals case serves as a crucial example of private enforcement actions. Chinese firms accused Hitachi of refusing to license essential patents, sparking a decade-long legal battle. The case underscored the delicate balance between IP rights and anti-monopoly regulations.
Companies must be cautious about pre-transaction behaviors that might violate AML provisions. Ying discusses recent stricter enforcement against gun-jumping and advises businesses to thoroughly assess their compliance strategies.
To mitigate AML risks, Ying advises companies to:
Ying underscores the importance of considering China's merger control regime for global deals. Foreign-to-foreign transactions are not exempt, and timely filings are crucial to avoid delays and hefty penalties.# Insights from the China Business Law Podcast: Unpacking Anti-Monopoly Law Enforcement in China
Welcome to another enlightening episode of the China Business Law Podcast! In this episode, co-hosts Art Dicker and Iris Yuan sit down with a special guest, Song Ying, to delve into the intricate world of Anti-Monopoly Law (AML) enforcement in China. As an absolute expert in this field, Ying offers a comprehensive overview of current trends, key cases, and practical advice for companies navigating the complexities of AML.
Timestamps
00:00 Introduction and Guest Welcome
00:29 Ying's Background and Expertise
03:19 Overview of China's Anti-Monopoly Law
03:52 Types of Regulated Behaviors
07:15 High-Profile Cases and Penalties
14:58 Pharmaceutical Sector Focus
30:54 Private Enforcement and Notable Cases
34:46 Conditional Approvals and Gun Jumping