Chambers Seminar: Antitrust

We are delighted to announce the Chambers Forum Seminar on Antitrust will be in association with Broad & Bright.

Date: Friday 11 January 2019

When: 14:00 - 16:00

Topics: Recent trends in antitrust enforcement in China after the institutional reform and national security review of foreign investments in China and overseas

The institutional reform in China was officially announced in March 2018 and antitrust enforcement is an important part of it. According to the reform, the three pre-existing antitrust agencies, namely the antitrust branches of the National Development and Reform Commission (responsible for price-related conduct rules), the State Administration for Industry and Commerce (responsible for non-price related conduct rules), and the Ministry of Commerce (responsible for merger control), were consolidated under the umbrella of the State Administration for Market Regulation (SAMR) in August 2018. Since then, concerns and doubts have been shared among market players with respect to the impact of the reform on antitrust enforcement, as well as on transactions and business operations in China.

While global trade relations are becoming more complicated, national security review regimes are also of key significance and often a source of risk and concern for high profile cross border mergers. Especially considering the recent legislative and enforcement progress in key jurisdictions such as the US and the EU (Germany in particular). The Chinese national security review system, although relatively unfamiliar compared to antitrust enforcement, is also expected to play a more important role in the future.

This session intends to share practical insights based on the speakers’ experience with the latest SAMR cases, as well as their observations on the impact that the institutional reform has already had and is likely to have on global transactions and commercial strategies. The speakers will also discuss the national security review regimes and the latest updates and changes in China and other key jurisdictions. They will provide valuable insight and tips for transnational deals within the above-mentioned sector.

Moderator:

Yao Feng
Founding Partner and Head of Antitrust
Broad and Bright

Ms. Feng focuses on antitrust laws, International Trade and FDI areas in her practice. She has acted as the attorney for hundreds of filings to MOFCOM regarding Concentration of Undertakings, and has provided legal service in various International Trade disputes for companies and governments in China, South Korea, Japan, United States, European Union and Russia. At the same time, she has rich experience in Customs Affairs, WTO, International Trade Dispute and FDI areas.

Ms. Feng also has rich experience in International Trade and International Investment, she was in charge of numerous cases regarding anti-dumping, anti-subsidy and safeguard measures. Before entering private practice, Ms. Feng worked on Anti-Dumping issues and bilateral negotiations of Sino-US and China-EU in Department of Treaty and Law of MOFTEC (currently Ministry of Commerce), attended United Nations Commission on International Trade Law Working Group Meeting, and drafted trade regulations. Moreover, Ms. Feng has provided legal service for WTO rules implementation, OECD Steel Negotiation, trade barriers and antitrust law legislation as an expert. Ms. Feng was the director investigator of many Anti-Dumping cases initiated by Chinese government.

Speakers:

Richard Blewett
Partner
Clifford Chance

Richard Blewett is a member of the Antitrust Group of Clifford Chance and heads the Group’s practice in Greater China. He has more than ten years' experience working across a wide range of international mergers and related antitrust matters. Richard's main focus has been on merger control, where he has advised on UK, EU and Chinese filings.

Richard has worked with clients across a number of sectors including the TMT, energy, commodities, retail, financial services, and transport sectors.

Andrew Foster
Partner
Skadden

Andrew Foster is recognized as a leading practitioner of EU, Chinese, U.S. and other international antitrust regimes, having practiced in Skadden’s New York, Brussels, Beijing and Hong Kong offices.

Mr. Foster has published widely on international competition issues, including contributing chapters to Competition Law in Asia-Pacific: A Practical Guide and EU and US Antitrust Arbitration: A Handbook for Practitioners.

Mr. Foster also has significant experience in representing multinational firms in U.S. and EU enforcement matters, involving both cartel and monopolization/dominance investigations. He has assisted in obtaining conditional immunity with the European Commission and other competition law agencies, and has substantial experience representing clients in Article 101 and 102 investigations, as well as U.S. private litigation and class action matters.

Francois Renard
Of Counsel

Allen Overy

François Renard, an EU and Hong Kong antitrust specialist, has managed and spearheaded Allen & Overy’s Greater China Antitrust Practice since November 2008. He has 20 years of experience of advising Western and Asian clients on APAC (including China), EU and other national competition laws.

In China, François secured MOFCOM’s conditional clearances including for the acquisition of AZ Electronics by Merck KGaA, the acquisition of Samsung’s hard disk business by Seagate and the acquisition of Alcon by Novartis (the first PRC conditional clearance under the PRC 2010 remedy rules). He has also been the leading lawyer acting as supervisory trustee in several proceedings. He has been the chief representative of leading companies on their responses to the antitrust investigation launched by NDRC in the infant milk, financial, pharmaceutical, medical devices, and hotel sectors.

In Hong Kong, François has actively cooperated with and commented on the Guidelines prepared by the Competition Commission. He is the Vice President of the HK Competition Association. He also assists companies to respond to the HK Competition Commission investigations and to prepare for and to comply with the HK Competition Ordinance.

Angus Xie
Partner
Broad and Bright

Angus focuses on antitrust laws, and he has rich experience advising both PRC and global conglomerates on a range of China and global antitrust issues (including both conduct and merger issues). He also assists the Chinese competition authorities in the enactment of a number of antitrust regulations.

Angus also assisted MOFCOM on a number of studies, including on the simplified procedure of merger review (the current simplified procedure of MOFCOM is largely based on the result and proposal of this study), the concept of concentration in the context of merger review and treatment and review procedures in relation to joint ventures.

Yunfeng Xing
Partner
Broad and Bright

Mr. Xing graduated from HuaZhong University of Science and Technology with the Bachelor of Arts degree in 1992. After graduation, Mr. Xing worked in Sinopec Group Yanshan Petrochemical Company from 1992 to 1995. After that Mr. Xing worked for the Foreign Investment Management Department of MOFCOM from 1995 to 2014. During this period, Mr. Xing was seconded to the Economic and Commercial Counselor's Office of Chinese Embassy in Ghana and the Economic Affairs Department of the Liaison Office of the Central People’s Government in Hong Kong S.A.R. Mr. Xing got the EMBA degree from Milwaukee Business School of University of Wisconsin in 2006. He joined Slaughter and May as a special advisor in 2015. In 2016, he joined Broad & Bright Law Firm.

When he worked for the government, Mr. Xing was responsible for formulating the rules and policies concerning foreign investment and approval of establishment of foreign investment companies. He participated in the drafting and formulating of the Foreign Investment Law, the Catalogue for the Guidance of Foreign Investment Industries and the foreign acquisitions regulations. Mr. Xing also engaged in the establishment of a national security review system for mergers involving foreign capital. With rich experience in foreign investment, Mr. Xing is proficient in foreign investment laws and regulations. In addition, he has a wealth of experience in the area of anti-monopoly and outbound investment.