In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical Systems (“Toshiba Medical“) for merger control clearance under the Anti-Monopoly Law (“AML“).  This decision sends an important message to the business…

On 5 December 2016, the National Development and Reform Commission (“NDRC“) – one of the three Chinese antitrust authorities – issued its decision fining the local unit of Medtronic, a U.S.-listed medical device maker, for resale price maintenance (“RPM“).   Case summary Medtronic was found to maintain a distribution system for cardiovascular, rehabilitation therapy and…

On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“).  Payment encryption devices are used by bank customers to protect the security of payments…

In June 2015, China pushed through a relatively bold liberalization of drug prices, moving from a regime where the government decides the prices or price ranges of the most commonly used drugs to a regime where the prices of most drugs are determined by market forces. Already then, the National Development and Reform Commission (NDRC)…

On 14 June 2016, China’s State Council made public the Opinions on Establishing a Fair Competition Review System in the Development of the Market Regime (“Opinions“). The Opinions were approved on 1 June. The “fair competition review system” forms part of China’s broader efforts to tackle so-called “administrative monopolies,” a term used for various forms…

On 8 June 2016, the Chinese Ministry of Commerce (“MOFCOM“) released its decision to lift the conditions it had imposed on Walmart’s acquisition of 33.6% of the shares in Newheight Holdings. This acquisition in 2012 gave Walmart corresponding rights over Yihaodian, one of China’s best-known e-commerce supermarkets, through a reported “variable interest entity” (“VIE“) structure….

On April 22, 2016, the State Council – China’s “cabinet” – released a reform plan for the salt industry. Salt-imbocca Edible salt has been subject to a State/government monopoly/-ies in China since the Han Dynasty in around 120 BC.  Salt used to be a relatively scarce product, at least in the more inland areas of…

Co-authored by Jay Modrall and Shan Hu. The authors of this article would like to thank Marc Waha, partner at Norton Rose Fulbright, for his insightful comments. 1 Introduction The Chinese National Development and Reform Commission (NDRC) has recently stepped up its cartel enforcement activities and for the first time has published non-confidential versions of…