Since the enactment of China’s Anti-Monopoly Law in 2008, C&F has developed and maintained a strong, specialized and leading practice in antitrust matters. The Firm’s antitrust team is comprised of a former official from the Ministry of Commerce and several dedicated attorneys with extensive experience and broad educational backgrounds. The Firm advises clients on various antitrust legal issues and leads cases in both antitrust investigation and defense. In conjunction with its M&A legal team, the Firm regularly advises clients on antitrust legal issues that may be involved in M&A and reorganization transactions. If necessary, C&F also assists clients in required administrative filing and drafting internal law compliance manuals and represents clients in civil and administrative proceedings involving antitrust legal questions. In order to be better able to serve its clients, the Firm has maintained a strong working relationship with various government agencies and professional institutions, such as the Ministry of Commerce, the National Development and Reform Commission and the State Administration of Industry and Commerce as well as various industrial and economical analytical institutions and law firms of other jurisdictions.
C&F’s antitrust legal services mainly include:
Advising clients on various antitrust legal issues in M&A, joint venture and other investment transactions;
Reviewing and revising commercial contracts and agreements to determine whether any of such contracts represents a monopoly agreement or whether any of the provisions in such contracts or any action required under such contracts constitutes an abuse of market dominance or abuse of administrative power to eliminate or restrict competition;
Reviewing clients’ business or transaction models and assisting clients in making necessary revision or adjustment of such business models or transaction structures as warranted by the antitrust law and regulations;
Preparing and submitting the declaration on concentration of business operators in the event of M&A, joint ventures and other investment transactions and representing the clients during the administrative review process;
Representing and advising clients during antitrust investigation process and civil and administrative legal proceedings.