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:

• 2015-2019,“Band 1 Law Firm” in Antitrust & Competition Law Area by LEGALBAND;

• 2016-2019,“Antitrust & Competition Law Firm of the Year”  by LEGALBAND；

• 2015-2019, Top Chinese Law Firm in “Competition & Antitrust” by China Business      Law Journal;

• 2014, 2015, 2017 and 2018, “Deals of the Year” by China Business Law Journal;

• 2017-2019, Leading Firm in “Antitrust & Competition (Asia-Pacific)” by Chambers      & Partners;

• 2017-2019, Leading Firm in “Antitrust & Competition” by Legal 500;

• 2019, Leading Law Firm in “Antitrust & Competition” by Asialaw Profiles;

• 2019, Leading Firm in “Competition” by IFLR1000;

• 2020, Highly recommended Law Firm by Asialaw.

Attorneys of Tian Yuan Antitrust Team are also highly recognized by clients and fellows:

• 2015-2019, “Band 1 in Antitrust & Competition” for Mr. HUANG Wei by LEGALBAND;

• 2016-2019, Leading Lawyer in “Competition & Antitrust” for Mr. HUANG Wei by Chambers & Partners;

• 2016-2018, “China’s Top 100 Lawyers (The A List)” for Mr. HUANG Wei by China Business Law Journal;

• 2018, “Leading Individual” for Mr. HUANG Wei by Legal 500;

• 2016, “China’s 15 Best Litigators” for Mr. HUANG Wei by Asian Legal Business (ALB);

• 2018-2019, “Next Generation Lawyer” for Mr. ZHU Fan by Legal 500;

• “Top 30 Under 30” for Mr. ZHU Fan, Ms. ZHOU Wen by LEGALBAND in 2015, 2018 respectively;

• 2020, “Rising star” for Mr. ZHU Fan by Asialaw.

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

Merger Control

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, electricity, transportation, logistics, medical, real estate, chemical, petroleum, construction materials, machinery, energy, food, etc.

Our key experiences in merger control in the last three years include but are not limited to:

Representing relevant interested parties to raise competition concerns to the SAMR 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.

Representing clients to respond to SAMR’s investigation related to merger control:

• Didi/Uber China;

• Meinian Onehealth /Ciming Health Checkup;

• JV project by Yihai Kerry Investment Co. Ltd. and CJ CheilJedang Corporation.

Submitting filings on clients’ behalf to the SAMR for the transactions:

• Schneider Electric/AREVA T&D Holdings S.A.;

• SK Holdings Co., Ltd./Shenzhen Londian Electrics Co., Ltd.;

• SK Energy Co., Ltd./ A Chinese Enterprise;

• JV project by Showa Denko K. K. and Chengdu Kemeite Special Gas Co., Ltd.;

• China Three Gorges (Europe) S.A./Moray Offshore Windfarm (East) Limited;

• Diamond Generating Europe Limited (a subsidiary of Mitsubishi Corporation)/Moray Offshore Windfarm (East) Limited;

• JA Solar’s relevant merger control filings;

• COFCO Group/Chinatex Corporation;

• JV project by CNOOC Energy Conservation and Environmental Protection Service Co. Ltd. and SITA Asia Pacific Limited;

• JV project by China Chemical Agrochemical and Longping High-tech;

• Mixed ownership reform project of a subsidiary of China Three Gorges;

• JV project by China Mengniu Dairy Company and China Shengmu Organic Milk;

• COFCO Grains & Cereals/Tianjin Lijin;

• Wanda Film/Wanda Media;

• LINGYI iTECH (GUANGDONG) COMPANY/ SALCOMP PLC;

• VAS project by Shenzhen Goodix Technology Co., Ltd. and NXP B.V.;

• Chongqing Three Gorges Electric Company/Changdian Lianhe;

• Cinda Real Estate Co., Ltd./Huai Nan Mining Industry Real Estate Co., Ltd.；

• Beijing Infrastructure Investment Co. Ltd./BeiKong Transportation Equipment Co.;

• Shenzhen Cereals Group Co., Ltd./Shenbao Industrial;

• Shenzhen Fude State Capital Operation Co., Ltd./Shenbao Industrial & Shenzhen Agricultural Products Group Co., Ltd.;

• Wuxi Huadong Heavy Machinery/Guangdong HarvestStar technology;

• JV project by Kerry Logistics and Samsung SDS;

• JV project by Samsung SDS and DTW;

• Guangdong JPMF/Triumph Lead Group;

• The acquisition and restructuring project of Huaren Pharmaceutical;

• Hengli LLC/Hengli Investment & Hengli Refinery;

• The acquisition and restructuring project of Yihai Kerry Investment Co. Ltd.;

• Aluminium Corporation of China/Yunnan Copper Co., Ltd.;

• New Hope Liuhe/Yangling Benxiang Agricultural Company;

• Shanghai Maling Aquarius Co., Ltd./Silver Fern Farms Beef Ltd.;

• Assets purchase project of Founder Technology Group Corporation;

• Taiji Computer/ Powerleader Computer;

• Shanghai Sugar & Wine Group Co., Ltd./China Yingmao Sugar Co., Ltd.

Antitrust Investigations

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 (now the SAMR) 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 ongoing investigation against DRAM manufactures;

• The ongoing investigation concerns Tencent music and 3 major music labels;

• The first cartel investigation into foreign companies (LCD case)

• The first antitrust investigation into vertical restraints in China;

• The first retail price maintenance case applying leniency in China;

• The global joint confession campaign of the participation of cartels;

• The investigation into the cartel reached by Japanese auto parts manufacturers;

• The administrative investigation into pharmaceutical industry;

• The administrative investigation against online travel agents;

• The administrative investigation against price monopolies in international ocean shipping industry;

• The administrative investigation against home-use electronic device industry;

• The administrative investigation against Internet industry;

• The administrative investigation against chemical industry;

• The administrative investigation against public utility enterprises.

Antitrust Litigations

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 Highest Claimed Amount in Antitrust Litigation Concerning SEP;

• The Case Between Qualcomm and Apple on Licensing Terms of SEP (FRAND Case);

• The first case on the arbitrability of monopolistic disputes;

• The Case of Qualcomm v. Meizu;

• An anti-monopoly litigation with the highest amount claimed in the internet sector;

• The “Hainan Price Bureau Judicial Review” Case;

• The anti-monopoly litigation between the giants of online retail platform in China;

• The “WeChat Emoji” Case;

• A Case Concerning Vertical Restraints and Abuse of Dominance;

• The “WeChat Hundred-People Group” Case;

• The “WeChat Public Account” Case;

• Civil Damages Litigation with Tetra Pak;

• The Cable Cartel Case;

• The TDI Cartel Case;

• The “WeChat Blocking” Case;

• DIDI Case.

Compliance Services

Up to present, Tian Yuan has provided antitrust training, anti-commercial bribery and compliance services for a number of multinational companies, SOEs, private enterprises, including but not limited to  Qualcomm (U.S.), NIKE (U.S.),Samsung (Korea), Hyundai (Korea), Denso (Japan), Panasonic (Japan), NSK (Japan), Sony (Japan), Siemens (China), Pepsico (China), Nike (China), ABB (China), SKF (China), Schneider Electric (China), Wyeth Nutrition (China).

Social Activity

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.