Leading Individuals

Antitrust and competition: foreign firms in China

Clifford Chance LLP

The antitrust practice at Clifford Chance LLP advises both multinational and national clients on a range of issues such as high-profile, global joint acquisitions, Asian regional deals, and restructuring and mergers. Yong Bai leads the practice, utilising his previous experience at MOFCOM to advise clients on the full spectrum of antitrust issues. Foreign legal counsel Dayu Man (New York qualified) joined the Hong Kong office in 2022, so strengthening the team's expertise in global merger control practices. Zibo Liu acts as counsel on merger controls, antitrust investigations, and mock dawn raids.

 

Responsables de la pratique:

Yong Bai


Autres avocats clés:

Dayu Man; Zibo Liu


Les références

‘Clifford Chance LLP have enriched experience in handling complex and high-profile merger filings both in China and globally. They frequently work on complicated multi-jurisdictional filings for leading Chinese clients for their overseas investments across the globe.’

‘Yong Bai, Dayu Man and Zibo Liu are experienced lawyers in the antitrust practice in China. They form a highly diversified team with strong legal skills and commercial awareness. ’

‘The team is very precise about anti-monopoly policies and businesses of overseas countries and can meet the needs and concerns of customers. They respond to customer concerns efficiently. Due to the team’s outstanding capabilities and rich experience it can predict well the approval time of the relevant countries’ governments.’

Principaux clients

Airbus


China Baowu Steel Group


China Three Gorges Spain


Abbott


Permira


Volkswagen (China) Investment Co.


Tencent


Carrefour


Hang Seng Bank Limited


ORIX Corporation


Principaux dossiers


  • Advised Airbus, Safran, and Tikehau Investment Management on their joint acquisition of Aubert & Duval, a strategic supplier of critical parts and materials.
  • Advised China Baowu Steel Group on its acquisition of 100% interest in Sinosteel Group Corporation, both are fully owned by Central SASAC.
  • Advising Abbott on a resale price maintenance (RPM) investigation led by the Shanghai administration for market regulation.

Linklaters

Linklaters‘ antitrust and foreign investment group excels at advising its varied client base on complex merger controls and providing expertise on investigations and litigation. The team uses its expansive knowledge to provide advice in sectors such as technology, healthcare, and automotive industries. Clients include large multinationals and Chinese state-owned enterprises. Beijing-based Fay Zhou heads up the team specialising in competition law and regulatory issues for both multinational and local clients. She uses her experience at China’s Ministry of Commerce to assist with regulatory issues and often acts as an advisor to Chinese authorities, ensuring her team has a strong relationship with SAMR. The firm runs a joint operation with Zhao Sheng Law Firm where co-heads Xi Liao and Arthur Peng work as part of an integrated team.  Qiuying Zheng and Larry Zhou both handle high-profile cases of merger control/compliance, investigations and regulatory issues.

 

Responsables de la pratique:

Fay Zhou; Xi Liao; Arthur Peng


Autres avocats clés:

Qiuying Zheng; Larry Zhou


Les références

‘Fay Zhou and her team have been deeply involved in the field of China’s anti-monopoly law for many years, participated in legal discussions, represented many clients in antimonopoly investigations, and assisted clients in establishing antimonopoly compliance systems. Her knowledge of monopoly legal rules is rare in a lawyer.’

‘Fay Zhou is an outstanding professional. She has clear communication with her customers, is timely and completes her work well.’

Principaux clients

Ams


AstraZeneca


Bayer


BP


Carriers


China Merchants Group


China National Nuclear Corporation


Glencore


Intel


Johnson & Johnson


Linde


Microsoft


Nestle


Novartis


Peugeon


Siemens


Principaux dossiers


  • Advising Microsoft on the Chinese merger filing for its US$70 billion acquisition of Activision Blizzard.
  • Advising Intel on China regulatory aspects of its $5.4bn acquisition of Tower Semiconductors.
  • Advising Novozymes A/S on its $12.3bn merger with Chr. Hansen Holding.

Allen & Overy LLP

Allen & Overy LLP works together with its joint operation Lang Yue Law Firm to advise clients across multiple sectors and jurisdictions on their antitrust issues. The firm represents clients in merger control filings, cartel investigations, and arbitration cases. Recently the team has been engaging in more antitrust litigation work due to growing enforcement activities and private actions within China. François Renard chairs the practice with a history of representing clients in complex proceedings and merger control investigations. Working alongside Renard is Vivian Cao who joined Lang Yue in January 2023 from Zhao Sheng Law Firm to lead the antitrust practice there.

 

 

Responsables de la pratique:

François Renard; Vivian Cao


Principaux clients

Maersk


Evonik


Contemporary Amperex Technology and Luoyang


Guohong Investment Holding Group


Advent


DSM


Cargill


Corio Generation


BMT Group


Principaux dossiers


  • Advised Maersk on the acquisition of LF Logistics, a $3.6 billion cross-border merger.
  • Advised Evonik on the merger filings in China for its establishment of a polymethacrylimide foam joint venture with the affiliates of AVIC Aviation High-Technology.
  • Advised Contemporary Amperex Technology and Luoyang Guohong Investment Holding Group on multi-jurisdictional merger control analysis of the strategic restructuring investment in Sichuan Contemporary Amperex Technology.

Baker McKenzie FenXun

Baker McKenzie FenXun advises clients on a range of cross-border antitrust and competition matters alongside their Beijing-based joint operation FenXun Partners. The practice handles merger controls as well as global cartels and competition investment issues for its local and international clientele. Practice head Stephen Crosswell leads the team from Hong Kong advising on complex multi-jurisdictional cartel investigations, merger clearance for M&A transactions, and competition audits. Laura Liu from FenXun Partners works closely with the team. Tom Jenkins joined as special counsel in January 2023 from Baker McKenzie CVBA/SCRL in Belgium.

Responsables de la pratique:

Stephen Crosswell


Autres avocats clés:

Laura Liu; Tom Jenkins


Principaux clients

APG Asset Management


Archer Daniels Midland Singapore


Assicurazioni Generali (Generali)


Aztiq


Boston Scientific Corporation


British Telecom


CapitaLand Investment


City Garden Hotel


EQT


PT Vale Indonesia


Siam Cement Group


Sika


Temasek


Tencent Holding Limited


Principaux dossiers


  • Assisted Generali with its submission of merger notifications in Thailand in relation to its stepping up of shareholding in AXA AFFIN General Insurance Berhad and AXA AFFIN Life Insurance Berhad.
  • Advised Siam Cement Group on the merger control aspects of the amalgamation of Siam Cement Logistics Limited (SGL) and JWD Infologistics (JWD).
  • Advising Tencent Holdings Limited on multiple high-profile deals in numerous jurisdictions globally.

Herbert Smith Freehills LLP

The competition and antitrust team at Herbert Smith Freehills LLP works closely with its corporate and dispute practices to advise on merger transactions and competition law enforcement cases including SASAC controlled Chinese state owned enterprises. Chairing the team, Adelaide Luke specialises in Hong Kong competition law but also handles antitrust and merger control within China. In Shanghai at its joint operation  Kewei Law Firm, Frances Xu assists on all aspects of competition law. Senior associate Howard Chan is knowledgeable on competition law regimes across Asia, while associate Hazel Xu  focuses on commodity trading and M&As.

 

Responsables de la pratique:

Adelaide Luke


Autres avocats clés:

Frances Xu; Howard Chan; Hazel Xu


Principaux clients

Marriott International


Santos


South32 Group


Synthomer


Equinor ASA, Hydro Rein, and Scatec


Minth Group and Renault


Altra Industrial Motion


Genus


Comcast Corporation


Principaux dossiers


  • Advising South32 on the merger filings of its acquisition of a 45% shareholding in the Sierra Gorda copper mine in Chile.
  • Advising Synthomer on competition aspects of its $1 billion acquisition of the adhesive resins business of Eastman Chemical Company.
  • Advising Renault and Minth Group on competition aspects of formation of a joint venture to manufacture and supply aluminium battery casings.

Hogan Lovells International LLP

The competition and antitrust team at Hogan Lovells International LLP sits within its global antitrust, competition, and economic regulation practice enabling the firm to integrate its work with other key antitrust jurisdictions. Its work encompasses both merger and non-merger issues, including government and internal investigations as well as counselling work. TMT is where the team shines, advising major local and international technology and internet companies on the full scope of their antitrust issues. Adrian Emch leads the team from Beijing, utilising his expertise to advise on merger controls, cartel/abuse of dominance investigations, and competition law. Associate Qing Lyu advises national and multinational companies on conduct investigations, policy analysis, and antitrust compliance.

Responsables de la pratique:

Adrian Emch


Autres avocats clés:

Qing Lyu


Les références

‘The firm boasts transnational networks and has an international perspective on issues.’

‘Adrian Emch has a profound background in EU competition law and more than ten years of experience in practicing Chinese antimonopoly law. When advising on competition law for our European company in China, his advantages are unsurpassed by any Chinese lawyer. Adrian has always maintained an excellent professional level, fast response speed, and provided us with pragmatic, concise, and implementable legal opinions.

 

Principaux dossiers


  • Advised Stumpf Group on the global antitrust filings of selling a minority shareholding in the Exyte Group to funds managed by BDT Capital Partners.

Jones Day

Jones Day utilises its global approach to aid in antitrust investigations and litigations both inside and outside of China. Domestic and international clients regularly seek out the practice for antitrust advice and merger reviews. Hong Kong-based Peter Wang leads on the antitrust and litigation practices, establishing himself as a go-to for M&A and non-merger investigations for US and Chinese clients. Yizhe Zhang and Qiang Xue (who is valued for his 'profound knowledge of government regulation and anti-monopoly law') are well qualified to advise on Chinese enforcement agencies’ investigations and decision-making practices. In Beijing, Yichen Wu handles merger filing reviews and private litigation, while Lawrence Wang focuses on pre-merger notifications and antitrust government investigations.

 

Responsables de la pratique:

Peter Wang


Autres avocats clés:

Yizhe Zhang; Qiang Xue; Yichen Wu; Lawrence Wan


Les références

‘ The team led by Qiang Xue has helped us handle some of our most significant and complex legal matters. Their feedback is timely, can fully consider the actual business situation, and the legal opinions given are easy to implement. Jones Day has a strong overseas litigation, government supervision, and antimonopoly business team.’

‘Qiang Xue has profound knowledge of government regulation and anti-monopoly law. Due to his experience working in a domestic regulatory agency he has a more accurate understanding of the needs and problems of domestic clients.’

‘The lawyers of the Jones Day antimonopoly team corporate well, have high professionalism and rich business experience. They can provide customers with the best service in the fastest time.’

Principaux clients

Marubeni Corporation


Evoqua Water Technologies


Shanghai Energy New Materials Technology Co.


NVIDIA


ENI


Roper Technologies


China Eastern Airlines


Principaux dossiers


  • Advised Marubeni Corporation on the sale of the global grain business of Gavilon Agriculture Investment to Viterra following a reorganization of Gavilon’s structure.
  • Advised Evoqua Water Technologies on its $7.5 billion stock-for-stock merger with Xylem.
  • Advised SEMCORP on its merger filing for a joint venture with CATL to manufacture cutting-edge Li-ion battery separators.

CMS

Advising clients from across automotive, machinery and manufacturing, life sciences, and TMT, the antitrust, competition and trade practice at CMS is well versed in handling a range of antitrust issues. Typical work for the team covers merger control filings and creating anti-trust compliance programmes. Corporate, M&A and competition specialist Kevin Wang re-joined as principal counsel and co-head in March 2022. Ulrike Glueck leads the team in Shanghai with her skills in antitrust projects. Associate Yedi Zhu also joined the team in April 2023 assisting on merger control filings and competition law matters. Nick Beckett leads the Beijing antitrust team alongside Vera Zhang.

 

Responsables de la pratique:

Ulrike Glueck; Kevin Wang


Autres avocats clés:

Nick Beckett; Vera Zhang; Yedi Zhu


Principaux dossiers


Gide Loyrette Nouel A.A.R.P.I.

The competition team at Gide Loyrette Nouel A.A.R.P.I. handles both transactional and compliance matters for global businesses in China. The practice is retained by clients to advise on anti-monopoly law, reviewing commercial policies, and merger filings. David Boitout, Jiannian Fan , and Min Guo  all lead the team with their combined expertise in competition and antitrust law. Associate Xi Chen is based in Beijing and handles merger notifications to SAMR, compliance, and project work.

 

Responsables de la pratique:

David Boitout; Jiannian Fan; Min Guo


Autres avocats clés:

Xi Chen


Principaux clients

Accor


Air Liquide


Alstom


Lacoste


PSA Group


Renault


Total


Valeo


Vallourec


Principaux dossiers


O'Melveny

O'Melveny works across all areas of antitrust and competition law from merger controls to investigating sensitive price-fixing and abuse of dominance cases. On the merger control side it assists semiconductor, technology, and automotive industries on SAMR merger processes and non-competition issues. For competition issues the team advises on anti-monopoly law changes while also providing strategic counselling on compliance and enforcement risks, including abuse of dominance claims. Practice head Philip Monaghan combines his EU law background with his antitrust expertise in Hong Kong – he is particularly noted for his knowledge of merger control within the semiconductor industry. Lining Shan resides in Beijing aiding with merger filings and anti-unfair competition training for clients, while Vivian Wang handles merger review from Shanghai.

 

Responsables de la pratique:

Philip Monaghan


Autres avocats clés:

Lining Shan; Vivian (Weixuan) Wang


Principaux clients

Coherent Corp.


Asiana Airlines


TTM Technologies


CJ ENM Co.


I Squared Capital Advisors (HK)


Semtech Corporation


DL Chemical Co.


Principaux dossiers


  • Advising Asiana on its proposed acquisition by Korean Air Lines Co., SAMR and CMA in the UK have approved the transaction subject to remedies.
  • Assisting TTM Technologies with merger control and FDI filing requirements related to its $330 million acquisition of Telephonics Corporation.
  • Assisting Coherent Corp. with its merger control and FDI filings for its proposed acquisition of Coherent, Inc.

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP deals with cross-border transactions and regional conduct and litigation matters across Asia Pacific. Merger control approvals for international transactions is another highlight for the firm, working closely with its M&A team to advise both local and international clients. Practice head Andrew Foster is knowledgeable on China’s anti-monopoly enforcement procedures, but also advises on a range of antitrust matters. Asia Pacific counsel Kexin Li works on high-profile merger control cases and handles on-going remedy compliance efforts at SAMR. Senior competition attorney Julia Zhu works across both the Beijing and Hong Kong offices, focusing on antitrust law within China. Jacqueline Arena is also noted for her merger transaction work.

 

Responsables de la pratique:

Andrew Foster


Autres avocats clés:

Kexin Li; Julia Zhu; Jacqueline Arena


Principaux clients

Intel Corporation


HP


Activision Blizzard


Coherent


Entegris


DuPont de Nemours


Axiata Group Berhad


Mars


JX Nippon


Brookfield Asset Management


Principaux dossiers


  • Advised Intel Corporation on its $5.4 billion acquisition of Israel-based foundry and chipmaker Tower Semiconductor.
  • Assisted HP with antitrust aspects of its $3.3 billion acquisition of Poly.
  • Assisting Activision Blizzard with regulatory filings related to its $75 billion acquisition by Microsoft.