Antitrust/Competition

Fangda has renowned expertise in China’s complex antitrust and competition laws and regulations. We provide clients with insight into the regulatory environment and clear guidance on strategy to help them secure their commercial objectives quickly and efficiently.

Our team has a market-leading track record of successfully assisting clients on some of the most high-profile merger filings and antitrust investigations in China. Clients benefit from our longstanding engagement with China’s competition regulators, so they always know where the regulators stand.

We currently have a dedicated competition team in China comprising of 20 competition law specialists who work across all our offices. Members of our team have practiced in many jurisdictions, including Hong Kong, the EU, the UK, the U.S., and Australia. We deliver local expertise with an international perspective.

We have expertise in the following areas:

Merger control

We work to ensure optimal outcomes for clients when they apply for merger clearance. This includes advising on the likelihood of intervention by China’s competition authority and ensuring that the strategy for obtaining clearance in China is aligned with filings in other jurisdictions. Where remedies are required, we design and negotiate innovative solutions to address any competition concerns without losing sight of the commercial objectives of the deal in China and globally.

Antitrust investigation and litigation

We support our clients in assessing any risks of investigation and collaborate to determine the best strategy. This includes responding to dawn raids, framing leniency applications and managing large-scale document reviews and requests. By effectively navigating regulatory processes and communications, we have successfully defended clients in many landmark cases. We have helped shape the way that antitrust law is applied in many industries.

Where litigation is unavoidable, we have a reputation for successfully fighting our clients’ corner. Our competition and antitrust lawyers work closely with our dispute resolution lawyers to deliver a seamless service and some of our team have experience in both fields.

Compliance and advisory

We provide clients with strategic advice on pricing, distribution, licensing and supply agreements, and also carry out full-scale competition law compliance audits. Clients look to us to help them ensure compliance without undermining their business objectives.

Recognition

  • Competition/Antitrust (PRC Firms) - Band 1
    Chambers Asia-Pacific, 2018-2021
  • Antitrust and Competition: PRC firms - Tier 1
    The Legal 500 Asia Pacific, 2017-2021
  • Competition Firm of the Year - China
    China Law and Practice, 2017-2020
  • Competition/Antitrust - Outstanding
    Asialaw Profiles, 2018-2021
  • Elite (Chinese Firms)
    Global Competition Review, 2018-2021
  • Merger Control Matter of The Year – Asia-Pacific, Middle East And Africa: ZF Friedrichshafen/WABCO
    Global Competition Review (GCR) Awards, 2021

"A robust team that enjoys increasing prominence and offers talent in both domestic and international competition law matters. Handles high-profile antitrust investigations and litigations in China, whilst continuing to demonstrate significant ability in merger filings for cross-border M&A transactions. Maintains a varied roster of clients in the hi-tech, electronics, chemicals, container shipping, and pharmaceutical industries. Considerable expertise in handling the competition law aspects of joint ventures between private and state-owned firms."

"The lawyers have lots of experience in this field and can show us real examples of things that have happened, so it's very useful to have their knowledge," explains an appreciative client. Another client particularly values the team's combination of "very strong knowledge of the antitrust laws" with "a very good understanding of our company's particular needs."

Chambers Asia-Pacific, 2020

Notable Matters

We have advised clients on many of the biggest domestic and global M&A deals, complex antitrust investigation and high-profile antitrust litigation cases. These include advising, acting for or representing:

Antitrust/ Competition

Merger Control
  • Novelis on its US$2.6 billion acquisition of Aleris Corporation, which was conditionally approved by the Chinese competition authority.
  • Cargotec on its €87 million acquisition of the marine and offshore business from TTS Group, which was conditionally approved by the Chinese competition authority.
  • Boeing on its US$4.75 billion acquisition of the commercial jet business division of Embraer.
  • Rockwell Collins on its US$30 billion acquisition of United Technologies Corporation, which was conditionally approved by the Chinese competition authority.
  • Linde Group on its €66 billion merger with Praxair, which was conditionally approved by the Chinese competition authority.
  • The Walt Disney Company and 21st Century Fox, Inc. on Disney’s US$71.3 billion acquisition of Fox.
  • DuPont on its US$130 billion merger with the Dow Chemical Company, which was conditionally approved by the Chinese competition authority.
  • Becton, Dickinson and Company on its US$24 billion merger with C.R. Bard, which was conditionally approved by the Chinese competition authority.
  • Broadcom on its proposed US$117 billion acquisition of Qualcomm.
  • AB InBev on the Chinese merger control aspects of its acquisition of SAB Miller for US$104 billion, which was conditionally approved by the Chinese competition authority.
  • Jude Medical on its US$25 billion merger with Abbott Laboratories, which was conditionally approved by the Chinese competition authority..
  • Baosteel on its merger with Wuhan Steel, creating one of the largest steel manufacturers in the world.
  • Konecranes on its US$6.1 billion acquisition of Terex Corporation.
  • Nokia on its €15.6 billion acquisition of Alcatel-Lucent, which was conditionally approved by the Chinese competition authority.
  • Canon on its US$6 billion acquisition of Toshiba Medical.
  • Schlumberger and Cameron on Schlumberger’s US$14.8 billion acquisition of Cameron.
  • Albemarle on its US$2 billion acquisition of Rockwood.
  • Merck on its US$17 billion acquisition of Sigma-Aldrich.
  • EMC on its US$67 billion merger with Dell.
Antitrust Investigations
  • A multinational shipping company accused of cartel conduct, resulting in the first acquittal of a multinational company.
  • An international shipping company in a cartel investigation initiated by the National Development and Reform Commission (NDRC), which resulted in the investigation being suspended.
  • Three state-owned port groups in an NDRC antitrust investigation into alleged abuse of dominance. The NDRC dropped its charges against one of the groups and suspended its investigation of the remaining two.
  • A leading international company in the entertainment industry in an abuse of dominance investigation.
  • An international chemical company in the first abuse of dominance investigation initiated by a local antitrust authority in this sector.
  • An international medical device company in the first and largest antitrust investigation in the medical device sector.
  • Three multinational automobile companies in their respective dawn raids and antitrust investigation into resale price maintenance practice.
  • A multinational chemical company in an investigation into resale price maintenance practice.
  • A European consumer goods manufacturer in an investigation into resale price maintenance initiated by the local Development and Reform Commission.
  • A U.S. company in settling an NDRC antitrust investigation into alleged abuse of dominance involving standard essential patents. The NDRC did not impose any fines or penalties.
  • A multinational technology company in handling a State Administration for Market Regulation (SAMR) investigation involving alleged abuse of dominance through license schemes.
Antitrust Litigation
  • A multinational high-tech company in a series of antitrust civil cases concerning the license of its patent portfolio connected with telecommunication standards.
  • A multinational software company in its defense against antitrust claims filed by distributors on the grounds of abuse of market dominance.
  • A global communications technology company in a dispute over alleged abuse of market dominance relating to restrictive provisions in intellectual property license agreements.
  • An electrical equipment manufacturing company in a dispute with a global energy company over alleged abuse of market dominance concerning restrictive provisions in supply agreements.
  • A multinational chemicals company raising an antitrust claim for abuse of market dominance against a U.S.-based petrochemical company concerning restrictive provisions in supply agreements.
  • A Japanese company in defending allegations following a decision by the EU Commission involving an alleged international cartel.
Antitrust Compliance
  • A leading Chinese internet company on antitrust and competition compliance issues concerning alleged abuse of dominance and technology licensing.
  • A multinational manufacturer in analyzing sensitive information exchange issues between its affiliates and joint venture partners.
  • A world-leading sporting goods company on competition concerns in connection with distribution and franchising agreements in China and Hong Kong.
  • A multinational cement company in antitrust compliance, in particular risks of cartel and sensitive information exchange.
  • A number of Japanese conglomerates/companies on antitrust compliance in China involving vertical restraints and abuse of dominance.
  • A number of multinational pharmaceutical companies on competition concerns relating to distribution and commercialization arrangements in the context of medical reform.
  • A number of multinational companies in formulating or revising their antitrust compliance manuals and policies.