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Competition Law in China
- 1. China’s new anti-trust regime Danish Chinese Business Forum Mogens Aarestrup Vind, Eversheds 7. oktober 2009
- 6. Abuse of dominant market position Abuse of dominant market position
- 9. Example: Microsoft’s First Anti-Trust Problem in China
- 13. Concentrations
- 17. Example: Coca-Cola’s Unsuccessful Take Over Bid of Hui Yuan
- 30. Consequences of infringement (cont.) Individual liabilities
- 32. Summary – impact of new regime
- 36. For further information please contact: Mogens Aarestrup Vind [email_address] +45 33 75 05 03
Editor's Notes
- 32 what we can learn from this case? First of all, the impact of the new law can only be fully assessed after the implementing guidelines have been issued. Before this, it will depend largely on how the enforcement authorities decide to interpret the law and whether they perform their roles in a predictable and neutral fashion. There are concerns that enforcement will be less predictable if “patriotism” [P&-TRI - TISEM) plays a role, particularly against the background that many concerns foreign companies control too much power in certain sectors of China’s economy. For example, just a few days before the new law became effective, an internet survey by a Chinese website asked its readers to name the company they would like to see as the first company to be investigated under the new Anti-Monopoly Law. The voting results had many high-profile foreign invested companies on the top of the list. also , the Chinese antitrust law does not limit the right to complain about anti-competitive conduct to competitors of the infringing company. Rather, it allows anyone in China to file such a complaint and requires that such complaint must be investigated if it is in writing with relevant facts and evidence attached. This is a not only a challenge to the Chinese authorities due to the large number of private complaints that could potentially be filed, but also opens the door for both unhappy customers and local competitors to make complaints against successful multinationals, particularly for FMCG (fast moving consumer goods) companies – these companies may have millions of consumers and thousands of competitors in China. For these companies, this new law will require a higher level of efforts to monitor public image, maintain government relationship and improve dialogues with consumer groups.
- 32 what we can learn from this case? First of all, the impact of the new law can only be fully assessed after the implementing guidelines have been issued. Before this, it will depend largely on how the enforcement authorities decide to interpret the law and whether they perform their roles in a predictable and neutral fashion. There are concerns that enforcement will be less predictable if “patriotism” [P&-TRI - TISEM) plays a role, particularly against the background that many concerns foreign companies control too much power in certain sectors of China’s economy. For example, just a few days before the new law became effective, an internet survey by a Chinese website asked its readers to name the company they would like to see as the first company to be investigated under the new Anti-Monopoly Law. The voting results had many high-profile foreign invested companies on the top of the list. also , the Chinese antitrust law does not limit the right to complain about anti-competitive conduct to competitors of the infringing company. Rather, it allows anyone in China to file such a complaint and requires that such complaint must be investigated if it is in writing with relevant facts and evidence attached. This is a not only a challenge to the Chinese authorities due to the large number of private complaints that could potentially be filed, but also opens the door for both unhappy customers and local competitors to make complaints against successful multinationals, particularly for FMCG (fast moving consumer goods) companies – these companies may have millions of consumers and thousands of competitors in China. For these companies, this new law will require a higher level of efforts to monitor public image, maintain government relationship and improve dialogues with consumer groups.