Authors: Zhan Hao、Wan Jia   In the beginning of 2020, Luckin Coffee event brought the attention from the insurance, legal and security industries to the directors and officers liability insurance policy (“D&O”) in China. In this event, Luckin Coffee, which is listed in the US and called Chinese Starbucks, found trapped in the security fraud scandal, and some class actions have been filed in the US against Luckin Coffee and its officers. When Chinese society found D&O…

Authors: Michael Gu / Sihui Sun / Grace Wu [1]   Introduction The year 2019 marked the 11th anniversary of the implementation of the Anti-monopoly Law and was also the first full calendar year since the State Administration for Market Regulation (SAMR) took over the role as China’s single centralised antitrust enforcement agency. The SAMR maintained a consistently rigorous and prudent attitude towards merger control review in 2019. The overall case handling efficiency has been…

Although at the backdrop of Covid-19 outbreak, China’s merger review practice has not been negatively affected. Currently, the average review time is 8 days shorter than that in last year. According to public statistics, the first quarter of 2020 witnessed completed review of 111 filings by China’s antitrust authority, the State Administration for Market Regulation (“SAMR”), with a slight year-on-year growth of 0.9%. With the period of economic downturn, people may have the question or…

Authors: Michael Gu / Charles Xiang[1]   Introduction On 2 January 2020 the State Administration for Market Regulation (SAMR) released a revised draft of the Anti-monopoly Law of the People’s Republic of China (AML) for public comment. The proposed reform of the AML was listed on the formal legislative agenda in 2018 and the revised draft is the SAMR’s key step to amending the law. Although the finalisation of the revised draft will be subject…

Authors: Zhan Hao, Song Ying, Yang Zhan On January 2, 2020, the State Administration for Market Regulation (“SAMR”) officially published the Draft Amendment to the Anti-Monopoly Law (“Draft Amendment”) in order to solicit public opinions, showing the authority’s sharp claws toward monopoly behaviors. This significant development is based on a 12-year-long experience of antitrust enforcement ever since the Anti-Monopoly Law (“AML”) has been enacted in 2008. The Draft Amendment conveys the signal to the public that the Chinese authority will increasingly…

2019 is the first year since the re-organization of China’s antitrust enforcement agency was completed. New legislations and enforcement actions during the past year have thus attracted much attention from practitioners and in-house counsels, with a view to gaining an insight into the enforcement trends and priorities, if any, of the new agency. This article is intended to underline the most significant developments in legislation, public enforcement and private litigation in 2019. I. Legislative Developments…

Authors：Chen Lin, Han Jinwen Summary In a recent landmark decision, the China Supreme People’s Court (“SPC”) overturned its previous views of the last decade and held that branded products produced through OEM may constitute trademark infringement if a third party owns the registered trademark in China. In the previous Pretul case (2015) and Dongfeng case (2017), SPC held that OEM products do not constituted trademark infringement since the products were all exported abroad rather than…