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Antitrust in China: NDRC v. Qualcomm – One All

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On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company....
By: Charles Pommiès

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

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The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and obtain injunctive...
By: Charles Pommiès

China’s Allopurinol Case: Double Jeopardy For One Anti-Competitive Scheme?

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Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical product, have cast light...
By: Charles Pommiès

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

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Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....
By: Charles Pommiès

When Does An IP Owner Become An IP Abuser?

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Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can choose whether or not to...
By: Charles Pommiès

China Merger Control: MOFCOM Mounting Pressure On Failure To Notify Reportable Transactions

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China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted irrespective of their...
By: Charles Pommiès

Antitrust in China: 2016 highlights and an outlook on 2017

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The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in 2016. Besides enforcing the...
By: Charles Pommiès

Anti-unfair competition law

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On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was published on 26 February on...
By: Charles Pommiès

China’s Draft IPR Guidelines Reach Final Consultation Stages

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Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”) for public comments. The...
By: Charles Pommiès

Antitrust in China: NDRC v. Qualcomm – One All

$
0
0
On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company....
By: Charles Pommiès

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

$
0
0
The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and obtain injunctive...
By: Charles Pommiès

China’s Allopurinol Case: Double Jeopardy For One Anti-Competitive Scheme?

$
0
0
Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical product, have cast light...
By: Charles Pommiès

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

$
0
0
Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....
By: Charles Pommiès

When Does An IP Owner Become An IP Abuser?

$
0
0
Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can choose whether or not to...
By: Charles Pommiès

China Merger Control: MOFCOM Mounting Pressure On Failure To Notify Reportable Transactions

$
0
0
China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted irrespective of their...
By: Charles Pommiès

Antitrust in China: 2016 highlights and an outlook on 2017

$
0
0
The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in 2016. Besides enforcing the...
By: Charles Pommiès

Anti-unfair competition law

$
0
0
On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was published on 26 February on...
By: Charles Pommiès

China’s Draft IPR Guidelines Reach Final Consultation Stages

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0
0
Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”) for public comments. The...
By: Charles Pommiès

European Commission proposes common approach to foreign direct investment screening

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European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination between Member States...
By: Charles Pommiès

An Update of China’s Control over Outbound Investments

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China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for outbound investments, increased...
By: Charles Pommiès
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