PRACTICES

To maximize the protection of your legitimate rights and interests
JINCHENG TONGDA & NEAL
ANTI-MONOPOLY
OVERVIEW

JT&N’s expertise in the PRC anti-monopoly arena is broad and deep, reflecting not only the strengths of the Anti-Monopoly Practice, but also reflecting the firm’s renowned Trade, M&A, Capital Markets, and Intellectual Property Practices, among others.  The JT&N Anti-Monopoly Practice offers clients ready access to the broad cross-disciplinary resources that only a major law firm can deliver.

Among our distinct advantages, JT&N’s Anti-Monopoly team is led by experienced partners and is supported by a deep bench of highly qualified affiliated team members with strong expertise in a wide range of different practice areas, encompassing extensive experience in transactions involving a wide range of industries, including those that are highly regulated.  Example areas of industrial expertise include:

  • Agriculture

  • Automotive

  • Aviation,   Transportation, and Shipping

  • Banking,   Finance, and Financial Services

  • Consumer   Products Manufacturing and Sales

  • E-Commerce

  • Education

  • Electronics

  • Energy and   Projects

  • Entertainment,   Media, Art and Sports

  • Environmental

  • Food   Manufacturing, Retail, and Food Service

  • Healthcare,   Life Sciences, Biotechnology and Pharmaceuticals

  • Hospitality   and Tourism

  • Information,   Communications and Technology (ICT)

  • Insurance   and Asset Management

  • Manufacturing

  • Natural   Resources and Mining

  • Real   Estate, Construction, and Infrastructure

The JT&N Anti-Monopoly Practice principally engages in three main categories of legal services: (i) Merger Control, (ii) Behavioral Investigations, and (iii) Litigation, each as outlined below. 

i. Merger Control

Merger Control-related services comprise legal advice pertaining to the pre-transaction analysis and evaluation, transaction structure and planning, regulatory filings and coordination of post-filing communications with relevant regulatory authorities.  Required legal services may vary considerably from transaction to transaction, but may include any or all of the following:

  • Evaluate whether the proposed M&A transaction triggers filing obligations and/or raises other competition-related issues; evaluate and propose alternative transaction structures as needed.

  • Formulate plans for notification of concentration of undertakings, prepare attendant filing materials, and manage communications with regulatory authorities in order to obtain requisite approvals.

  • Respond to any competition concerns raised by regulatory authorities in connection with complex merger filings, e.g., by means of industrial surveys and quantitative economic analysis.

  • Prepare and file complaints on behalf of clients with relevant regulatory authorities in respect of third-party M&A transactions which adversely affect client interests.

ii. Behavioral Investigations

Anti-Monopoly Behavioral Investigations-related services comprise legal advice pertaining to business operations of clients and/or third parties which potentially infringe anti-monopoly restrictions, e.g., monopoly agreements and the abuse of dominant market position, and may include any or all of the following:

  • Review client commercial contracts and distribution agreements with respect to potential infringement on anti-monopoly restrictions; evaluate and propose alternative contract provisions and/or other solutions as needed.

  • Representation in connection with regulatory inquiries with respect to potential client infringement on PRC anti-monopoly restrictions.

  • Prepare and file complaints on behalf of clients with relevant regulatory authorities in respect of possible third-party monopoly agreements or abuse of dominant positions that affect clients' interests.

iii. Litigation

Anti-Monopoly -related Litigation services primarily comprise legal advice arising when civil or administrative litigation is threatened or commenced, and may include any or all of the following:

  • Representation of international and domestic clients in Chinese courts in connection with civil and administrative litigation involving anti-monopoly and anti-unfair competition issues.

  • Representation of domestic enterprises in international venues in connection with civil and administrative litigation involving anti-monopoly and anti-unfair competition issues, including but not limited to, anti-monopoly litigation, class action lawsuits, and U.S. International Trade Commission (“ITC”) investigations pursuant to Section 337 of the U.S. Tariff Act of 1930 (“Section 337 investigations”). 

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