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:
Aviation, Transportation, and Shipping
Banking, Finance, and Financial Services
Consumer Products Manufacturing and Sales
Energy and Projects
Entertainment, Media, Art and Sports
Food Manufacturing, Retail, and Food Service
Healthcare, Life Sciences, Biotechnology and Pharmaceuticals
Hospitality and Tourism
Information, Communications and Technology (ICT)
Insurance and Asset Management
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.
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”).