Antitrust Antitrust

Effective competition reflects the vitality of the market economy, also serves as the power source of innovation and development, and the fundamental guarantee of economic security. GEN’s antitrust team is committed to leaning into business practice, while focusing on international relations and the overall situation of reform, bringing clients antitrust advice and strategic planning that are both business compliant and insightful of regulatory trends. Our antitrust lawyers are also cross-disciplinary experts familiar with data regulation and have a deep understanding and unique perspective on antitrust issues in the platform economy and digital industries and their intersections with data protection.

Our antitrust practice covers some of China's most complex antitrust investigations, litigation and concentration of undertakings. We are particularly adept at dealing with difficult and complex cases involving cross-cutting areas of antitrust, intellectual property and data protection. We are committed to providing strategic guidance to our clients, proactively and communicating effectively with regulators, and also helping our clients address challenging antitrust issues

Services

Services on Merger Filing

Before filing

• Assess whether the transaction requires an antitrust declaration of merger filing and national security review in China

• Provide legal advice on merger filing and national security review in China

Merger Filing

• Provide legal advice on defining relevant market and on competition analysis

• Prepare and submit materials for merger filing

• Communicate with the State Administration for Market Regulation (“SAMR”) on behalf of clients and participate in hearings where needed

Relief measures

• Design and submit relief proposals 

• Discuss relief measures with SAMR and clients

• Supervise implementation of relief measures as a trustee

Reporting violations

• Report to SAMR on behalf of relevant third parties regarding failure of merger filings or failure of performing obligations in light of decisions achieved with administrative authorities previously

• Provide opinions or suggestions on behalf of relevant third parties on cases of merger control filings being reviewed by SAMR

Antitrust Administrative Investigation

• Response to dawn raids

• Assist in leniency application

• Implement internal audit

• Provide case analysis and countermeasure strategies

• Design corrective action plans

• Provide services for clients playing other roles in the investigation

• Communication with enforcement authorities or industry associations

Antitrust Compliance

Compliance review

• Conduct compliance review on commercial contracts, pricing policies, non-compete restrictions, business models, etc.

Risk management & audit

• Conduct internal antitrust risk audits to evaluate compliance risk

Compliance manuals

• Draft and formulate antitrust manuals, policies and guidelines

Compliance training

•  Hold antitrust compliance training for management and related employees

Antitrust Litigation

• Provide feasibility analysis of antitrust civil litigation

• Defense on behalf of clients against antitrust civil litigation on the grounds of monopoly agreements, abuse of market dominance, etc.

• Initiate lawsuits on behalf of clients against others’ monopoly violations, protect their interests, and assist clients in collecting relevant evidence

• Negotiate and sign agreements on behalf of clients on the content of settlement agreements and mediation agreements

Antitrust Related Consulting

Abuse of market dominant position

• Assess the company's market position

• Provide legal opinions on potential abuse of market dominant position and other unfair

competition behaviors in daily operations, such as imposing differential transaction prices or other trading conditions based on big data and algorithms,“pick one in two” between competitive platforms, unreasonable pricing, most favorable nation clauses (MFN), product bundling and tying, customer loyalty discounts and refusal to deal, etc.

Monopoly agreement

• Review and advise on horizontal monopoly agreements signed with competitors

• Review and advise on vertical monopoly agreements

• Review and advise on commercial agreements and competition behaviors in daily operations

IPR related issues

• IPR identification

• IPR license

• IPR policies of standard-setting organizations (SSOs)

• IPR abuse

• Calculation of SEP licensing fees

Administrative monopoly

• Review and advise on administrative monopoly related issues

Government affairs

• Monitor and analyze antitrust policy environment domestically and abroad

• Coordinate with antitrust regulatory authorities domestically and abroad

• Formulate and implement projects for building trust relationship with regulatory authorities

• Maintain relationship with government and related parties

Extended Antitrust Services

Antitrust economic analysis

• Definition of relevant market

• Quantitative calculation of damages

• Analysis of competition effects and efficiency

• Analysis of M&A impact

M&A services

• Support for divestment and sale

• Due diligence

• Prepare transaction documents

• Integration of legal and compliance departments after M&A

Competition law audit services

• Antitrust/Anti-unfair competition compliance audit

• Commercial bribery audit

• Risk matrix design

• Rebuilding internal control SOP

Collection and analysis of digital and non-digital evidence

• Risk identification through data collection and analysis

• Evidence collection on violations of law and regulations through data collection and analysis

• Provided legal services to SEPs operating enterprises in antitrust civil litigation and SEP licensing fee litigation raised by SEP users

• Provided legal services to a renowned IT enterprise in civil litigation involving abuse of market dominant position

• Provided legal services to the defendant in an antitrust civil litigation involving abuse of market dominant position by refusing to license the patent

• Provided legal services to the defendant in an antitrust civil litigation involving abuse of market dominant position by refusing to deal

• Provide anti-monopoly litigation legal services for disputes involving standard essential patents of a large European telecommunications enterprise

• Provided legal advice and strategic analysis for a well-known Chinese high-tech Internet enterprise on unfair competition and antitrust civil litigation

• Acted on behalf of a world-renowned medical device company in response to the antitrust administrative investigation

• Acted on behalf of a well-known telecommunication equipment manufacturer in response to antitrust administrative investigations

• Provided legal service to a world-renowned multinational food company in response to a vertical price monopoly investigation by the National Development and Reform Commission (NDRC)

• Provided legal services to a well-known domestic communications company in response to NDRC investigation of abuse of market dominant position

• Provided legal services to a Japanese auto parts manufacturer in response to NDRC investigation on horizontal monopoly agreement

• Provide legal services to large state-owned enterprises in the aviation field in response to NDRC investigation on horizontal monopoly agreement

• Advised a well-known Chinese insurance company in an investigation on horizontal monopoly agreement by the local Development and Reform Commission

• Provided legal service to a well-known domestic insurance company in response to NDRC investigation on horizontal monopoly agreement

• Provided legal advice to a world-renowned luxury goods manufacturer in response to inquiries from antitrust law enforcement authorities

• Represented a third party to respond to inquiries about patent licensing and monopoly of product sales in an investigation conducted by antitrust law enforcement authorities against a semiconductor manufacturer

• Assist a well-known foreign lawyers association in regulatory communication with China's anti-monopoly law enforcement agencies

• Acted on behalf of a well-known Japanese cosmeceutical enterprise in a merger  filing matter

• Acted on behalf of a Canadian real estate giant in a merger filing matter

• Acted on behalf of a Swiss global investment management company in private markets in a merger filing matter

• Acted on behalf of a well-known Chinese garment company in a merger filing matter

• Acted on behalf of a well-known Singaporean real estate enterprise in a merger  filing matter

• Acted on behalf of a well-known Chinese port enterprise in a merger filing matter

• Acted on behalf of a well-known Chinese automobile manufacturer in a merger  filing matter

• Assisted on merger filings for two world-leading chip manufacturing companies

• Provided an internationally renowned venture capital firm with merger filing assessment on investing in a taxi-booking App

• Provided merger filing services to two world-leading textile industry manufacturers in establishing a joint venture

• Provided merger filing assessment for a well-known state-owned insurance company on setting up an insurance company in cooperation with local government

• Represented a third party to respond to antitrust enforcement authority inquiries about patent licensing and monopoly of product sales in the merger review against a software manufacturer

• Assisted a well-known European rail transit company in regulatory communication on issues related to merger filing

• Assisted a well-known UK energy enterprise in regulatory communication on merger filing issues

• Provided antitrust compliance consulting for an internationally renowned air conditioner manufacturing company

• Provided antitrust compliance consulting for a world-renowned printing equipment supplier

• Provided antitrust compliance consulting for a renowned real estate company

• Provided antitrust compliance consulting for eight well-known shipping companies to establish a blockchain-based logistics platform

• Conducted antitrust risk assessment for the new business model of a well-known luxury car manufacturer

• Provided antitrust consulting to an internationally renowned robot manufacturer

• Provided antitrust legal consulting service to a world-renowned electronics manufacturing company

• Provided legal consultation and strategic analysis to a well-known online travel service provider in China

• Provided antitrust legal consulting service to a world-renowned automotive aftermarket service provider

• Provided legal advice and strategic analysis to an internet firm on abuse of market dominant position

• Provided a foreign courier association with legal opinions on whether charging a certain administrative fee involves monopoly

• Conducted a series of consultations for a Chinese insurance company on the antitrust risks of co-insurance and industry self-regulation agreements

• Provided antitrust compliance training to a state-owned life insurance company

• Provided antitrust compliance training to senior managers of an internationally renowned reinsurance company

• Provided an international renowned Clinical Research Organization (CRO) enterprise with training on antitrust and anti-commercial bribery unannounced inspection

• Provided two Japanese auto parts manufacturing companies with legal advice on leniency policy

• Provide antitrust services for a well-known European patent licensing enterprise

• Drafted antitrust compliance manual for a state-owned energy company

• Conducted antitrust and anti-commercial bribery compliance reviews on business policies and sales contracts for a well-known Japanese automobile manufacturer