Tian Yuan Antitrust and Anti-unfair Competition Practice
Antitrust and anti-unfair competition have long been Tian Yuan’s strongest areas of expertise. Up to the present, Tian Yuan is amongst the few law firms in China with practical experiences to provide comprehensive legal services in the antitrust and anti-unfair competition area.
Led by Mr. Wei Huang – Tian Yuan’s Partner – Tian Yuan Competition Team grows simultaneously with the development of China’s competition law and practice. One after another, Tian Yuan Competition Team successfully represents its clients in a number of cases which have significant influences inside and outside China. Several attorneys of our team have been devoted to the research of competition laws and have obtained doctoral or master’s degree in this area, and some attorneys of our team have working experiences in the Price Supervision and Antitrust Investigation Bureau of the National Development and Reform Committee (NDRC).
The services of Tian Yuan Competition Team are highly recognized by clients and fellows:
“Recommended Firm in Competition & Antitrust (PRC Firm)” in 2017 by Chambers & Partners；
“Leading Firm 2018” by Legal 500；
“Leading Domestic and Regional Law Firms Guide 2018” by Asialaw Profiles；
“Top Chinese Law Firm in Competition & Antitrust area” in 2018 by China Business Law Journal for the fourth year consecutively；
“Best Law Firm of 2017” in Antitrust and Competition Law area by LEGALBAND；
“Band 2 Antitrust & Competition (PRC Firm)” in 2017 by Legal 500；
“Best Law Firm of 2016” in Antitrust and Competition Law area by LEGALBAND；
“Band 1 Law Firm” in Antitrust and Competition Law Area in 2015 by LEGALBAND.
Attorneys of Tian Yuan Antitrust Team are also highly recognized by clients and fellows:
“Recommended Lawyer 2018” for Mr. HUANG Wei by Legal 500;
“China’s Top 100 Lawyers (The A List)” in 2017 for Mr. HUANG Wei by China Business Law Journal;
“Best practitioner of 2017” in Antitrust and Competition Law area for Mr. HUANG Wei by LEGALBAND;
“Band 3 Lawyer in Competition & Antitrust” in 2017 for Mr. HUANG Wei by Chambers & Partners;
“Recognized Lawyer in Competition & Antitrust” in 2016 for Mr. HUANG Wei by Chambers & Partners;
“China’s Top 100 Lawyers (The A List)” in 2016 for Mr. HUANG Wei by China Business Law Journal;
“Top Chinese Lawyer” in Antitrust and Competition Law Area in 2016 for Mr. HUANG Wei by LEGALBAND;
“China’s 15 Best Litigators” in 2016 for Mr. HUANG Wei by Asian Legal Business (ALB);
“Next Generation Lawyer” for senior associate Mr. ZHU Fan by Legal 500;
“Next Generation Lawyer” for senior associate Ms. HAN Guizhen by Legal 500;
“Top 30 Under 30” in 2016 for senior associate Ms. HAN Guizhen by LEGALBAND;
“Top 30 Under 30” in 2015 for senior associate Mr. ZHU Fan by LEGALBAND.
With rich experience and thorough legal researches, Tian Yuan Antitrust Team will continue to provide legal services in a comprehensive and timely manner and dedicate to promoting China’s antitrust practice.
Tian Yuan Competition Experiences
With regard to the merger control, Tian Yuan possesses an abundance of experiences, in submitting filings on clients’ behalf to the MOFCOM, representing the clients to response to MOFCOM’s investigation to gun-jumping, as well as representing relevant interested parties to raise competition concerns to the MOFCOM. Among the cases that were handled by Tian Yuan, the transactions involved are significant ones. The industries involved include but not limited to automobile, semiconductor, consumer electric, telecommunication, electricity, transportation, logistics, medical, real estate, chemical, petroleum, construction materials, machinery, energy, food, etc.
Our recent key experiences in merger control include but not limited to:
Submitting filings on clients’ behalf to the MOFCOM for the transactions:
Schneider Electric/AREVA T&D Holdings S.A.;
Fushan Corporation/GMH Bahntechnik GmbH;
Diamond Generating Europe Limited/Moray Offshore Windfarm (East) Limited;
JA Solar’s relevant merger control filings;
COFCO Group/Chinatex Corporation;
China Three Gorges (Europe) S.A./Moray Offshore Windfarm (East) Limited;
Wanda Film/Wanda Media;
Aluminum Corporation of China/Yunnan Copper Co., Ltd.;
Wuxi Huadong Heavy Machinery Co., Ltd/Guangdong HarvestStar technology Co., Ltd.;
Cinda Real Estate Co., Ltd/Huai Nan Mining Industry Real Estate Co., Ltd.
China Yangtze Electric Power’s relevant merger control filings;
Guangdong JPMF/Triumph Lead Group;
Hengli LLC/Hengli Investment & Hengli Refinery;
Shenzhen Cereals Group Co., Ltd.’s relevant merger control filings;
Shanghai Maling Aquarius Co., Ltd./Silver Fern Farms Beef Ltd.;
Beijing Infrastructure Investment Co. Ltd./BeiKong Transportation Equipment Co.;
Shanghai Sugar & Wine Group Co., Ltd./China Yingmao Sugar Co., Ltd.;
Jiang Ling Motors Co., Ltd./Tai Yuan Zhong Qi;
China ChangAn Auto Group Co./Hafei auto and other auto business owned by China National Aviation Corp;
New Hope Liuhe/Yangling Benxiang Agricultural Company;
Shandong Hongqiao/LuFeng Environment;
Shanxi Xinghua/Xinghua Chemical Engineering;
Beijing Watertek/Tellhow Intelligent;
Qianfang Technologies/Zhejiang YuShi;
Sanyuan Food Co., Ltd.’s acquisition of partial assets of the bankrupted Sanlu Group Co.;
JV project by CNOOC energy conservation and environmental protection service co. LTD.and SITA Asia Pacific Limited;
JV project by Kerry Logistics and Samsung SDS;
JV project by Samsung SDS and DTW;
Wanke’s joint venture project.
Representing clients to response to MOFCOM’s investigation with regards to gun-jumping:
JV project by CJ CHEILJEDANG corporation and Yihai Kerry Investment Co. Ltd.;
Meinian Onehealth Healthcare Holdings Co. Ltd/Ciming Health Checkup Management Group Co., Ltd.
Representing relevant interested parties to raise competition concerns to the MOFCOM in high-profile filings:
Provided legal services for relevant parties in Nokia’s global acquisition of Alcatel-Lucent;
Provided legal services for relevant parties in Broadcom/Brocade merger review.
In respect of initiating or responding to antitrust investigations, Tian Yuan is among the few law firms in China which has rich experiences. Tian Yuan participated in almost all currently important anti-monopoly investigations. Many lawyers of Tian Yuan have working experiences in Anti-Monopoly Law Enforcement Agencies. The Price Supervision and Antitrust Investigation Bureau of the NDRC specially wrote to Tian Yuan to express their acknowledgment and praise for Tian Yuan’s “solid professional knowledge and rigorous work attitude” in the antitrust area.
Our key experiences in antitrust investigations, among others, include:
The Qualcomm Case；
The first antitrust investigation of the abuse of intellectual property right in China (IDC case);
The first foreign-involved cartel case in China (LCD case);
The first vertical restraint case in China (Liquor case);
The first case which applied leniency in vertical monopoly agreements in China (Baby Formula Case);
NDRC’s investigation into the cartel reached by Japanese auto parts manufacturers (Auto Parts Case);
NDRC’s investigation against price monopolies in international ocean shipping industry;
A famous international firm’s confess to Mainland China’s Anti-Monopoly Law Enforcement Agency in the global joint confession campaign for participating in cartels;
NDRC’s investigation into pharmaceutical industry;
NDRC’s investigation against online travel agents;
NDRC’s investigation against home-use electronic device industry;
The provincial administration of industry and commerce’s investigation against public utility enterprises.
In respect of antitrust civil litigations, Tian Yuan is also among the few law firms in China which have experience representing clients in courts. We have provided services to the clients in multiple antitrust civil litigations and have been actively exploring cutting-edge antitrust issues in different industries.
Our key experiences in antitrust litigation, among others, include:
The first antitrust litigation heard by the Supreme Court (3Q War);
The first case on the arbitrability of monopolistic disputes, represented Samsung (China);
The Case of Qualcomm v. Meizu – the licensing of telecom SEPs;
The “Hainan Price Bureau Judicial Review” Case – first administrative litigation case of the NDRC system, represented Hainan Price Bureau to defend the approach of enforcing AML concerning RPM and won, a milestone case confirming the “prohibited in principle, and exempted individually” principle regarding RPM cases;
The anti-monopoly litigation between the giants of online retail platform in China;
The “Wechat Emoji” Case - defended the case regarding the abuse of dominance which was broadcasted live online, currently during retrial in front of the Supreme Court;
A Case Concerning Vertical Restraints and Abuse of Dominance - entrusted by Samsung (China);
The “Wechat Hundred-People Group” Case - represented Tencent regarding allegations of abuse of dominant market position.
The “Wechat Public Account” Case - representing Tencent regarding allegations of abuse of dominant market position.
Apart from to the cases listed above, Tian Yuan has been entrusted by relevant clients to promote anti-monopoly class actions and push forward litigations against abuses of intellectual property rights.
Up to present, Tian Yuan has provided antitrust and anti-unfair competition compliance consultancy to several transnational, state-owned and private-owned corporations. Our clients mainly include Siemens (Global), Denso (Japan), Panasonic (Japan), NSK (Japan), Samsung (Korea), Hyundai (Korea), Schneider Electric (China), Wyeth Nutrition (China), Philips Lightening, Coverstro, Huawei, Tencent, Pepsico (China), Nike (China), Honda (China), ABB (China), SKF (China), etc.
As entrusted by ACLA, Tian Yuan drafted the guidelines for lawyers who handle anti-monopoly issues. Tian Yuan has also been actively participating in the drafting and deliberation of several guidelines drafted by the Anti-Monopoly Law enforcement authorities of China, including: Guidelines on SEP Pricing Practices; Guidelines on Law Enforcement of Vertical Monopolistic Agreements; Guidelines on Illegal Income from Monopolistic Conducts and Determination of Fines; Guidelines on General Conditions and Procedures of Leniency to Monopolistic Agreements; China’s Intellectual Property Rights Antitrust Guidelines; and Auto Industry Antitrust Guidelines.
Apart from all the above, Tian Yuan Competition Team is willing to share our practices and opinions. We published articles on platforms like Competition Policy International, Law 360, Lexology, and Kluwer Law. The contents of the articles cover many areas in relation to antitrust, ranging from antitrust litigation, abuse of intellectual property right to compliance service regarding vertical restraint and antitrust investigation.
Comments from governmental institutions and clients:
The NDRC: “Tian Yuan antitrust team has [a] solid professional knowledge and rigorous work attitude”.
A Fortune 500 client: “Tian Yuan has extensive practical and profound experience in the Chinese Antitrust practice.”
A well-known Telecommunications company: “Tian Yuan’s experience in successfully assisting clients in filing complaints, or responses, to antitrust governmental investigations is incomparable.”
A well-known multinational medical equipment corporation: “Tian Yuan’s service match perfectly with our business model, and is recognized and praised by the business department.”
A top domestic communication equipment manufacturer: “Tian Yuan’s legal analysis always tells us how to adjust and improve more effectively, instead of just telling yes or no.
A well-known multinational pharmaceutical company:“Tian Yuan's professionalism is reflected in that they not only know the law well, but also can always accurately grasp the measure of the court and law enforcement. More importantly, they are also very familiar with our industry.”