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HUANG Wei

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Personal Profile

Name：HUANG Wei

Position：Partner

Office：Beijing Office

Tel：（010）5776-3888

E-mail：hwei@tylaw.com.cn

Language：Chinese，English

Practice Area：Dispute Resolution | Antitrust/Competition | Intellectual Property

Professional Bio

Mr. Huang has been long dedicated to the research and practice of antitrust law and stands amongst a select few practitioners who can claim to share his extensive practitioner experience in the fields of antitrust and unfair competition. Some of his key experiences are:
Antitrust Investigations
In the first case of intellectual property rights abuse in China, Mr. Huang was retained by Huawei and filed an antitrust complaint with the NDRC requesting an investigation into IDC, a US-based company, for its suspected abuse of market dominance in relation to wireless telecommunication SEPs.
In the first horizontal cartel investigation into foreign companies – as early as 2010, Mr. Huang represented nine domestic color TV manufacturers and filed an administrative antitrust complaint with the NDRC against global LCD panel giants like Samsung and LG, and he and his team settled this case with huge success;
In the first antitrust investigation into vertical restraints in China – in NDRC’s probe into Moutai & Wuliangye, Mr. Huang was retained by the Kweichow Moutai Group providing consultancy service, and successfully helped the client to confine the scope for the basis of fine calculation to the sales of relevant products, as well as obtaining the lowest fine rate, which was perceived as a highly favorable result by Kweichow Moutai Group.
In the NDRC’s investigation into the cartel created by Japanese auto parts manufacturers – Mr. Huang was retained by a famous Japanese auto parts manufacturer to provide legal services in response to an investigation by the NDRC’s.
In an administrative investigation against online businesses – Mr. Huang was retained by Amazon to provide legal services in response to an investigation by the NDRC.
In the first retail price maintenance case applying leniency policy in China – in which the NDRC conducted an investigation into baby formula producers, Mr. Huang was retained as legal counsel by Wyeth Nutrition, and successfully secured full immunity for the client by applying the leniency policy.
In an administrative investigation against online travel agents, Mr. Huang was retained by a famous online travel agency to provide legal services in response to an investigation by the NDRC.
In the antitrust investigation which incurred the highest monetary amount in fines in legal history, Mr. Huang was engaged by domestic wireless telecommunication OEMs and filed an antitrust complaint to the NDRC against Qualcomm’s suspected abuse of market dominance and achieved a very favorable ruling on his clients’ behalf.
In a global joint confession campaign on the participation of cartels, Mr. Huang was retained by a famous international firm. His client was asked to confess to China’s Anti-Monopoly Law Enforcement Agency that it participated in cartels monopolizing several products, and his client applied for leniency;
In an administrative investigation into the pharmaceutical industry, Mr. Huang was retained by a multinational pharmaceutical and medical equipment enterprise to provide legal services in response to an investigation by the NDRC.
In an administrative investigation against price-fixing monopolies in the international oceanic shipping industry, Mr. Huang was retained by Compania Sud Americana De Vapores S.A. to provide legal services in response to an investigation by the NDRC.
In an administrative investigation against a facet of the Internet industry, Mr. Huang was retained by a well-known Internet company to provide legal services in response an investigation by the NDRC.
In an administrative investigation against public utility enterprises, Mr. Huang was retained by a well-known public utility enterprise to provide legal service in response to the provincial administration of industry and commerce.
In an administrative investigation into the chemical industry, Mr. Huang was retained by a company to file an antitrust complaint with Mainland China’s Anti-Monopoly Law Enforcement Agency, requesting an investigation into a chemical industrial giant, for its suspected abuse of market dominance.
In an administrative investigation against the home-use electronic device industry, Mr. Huang was retained by a well-known electronics manufacturer to provide legal services in response to an investigation by the NDRC.
Mr. Huang and his team are also actively involved in various pending antitrust investigations which probe into the automobile, electronic component, pharmaceutical, and shipping industries, as well as many others.
Antitrust Litigation
In the first antitrust litigation heard by the SPC, Mr. Huang was retained by Tencent, and argued in an appellate hearing before the Supreme People’s Court (“SPC”) in the on the issue of abuse of dominance in the internet market. Mr. Huang successfully assisted his client in obtaining a complete favorable ruling as per the SPC judgment issued in October 2014. This case was nominated as one of the “Annual Top 10 Civil Litigations of 2014”, “The Most Influential 51 Cases in the Judiciary History of the P.R. of China”, and “The Prominent Deal of 2014” by China Business Law Journal.
In the first case on whether monopolistic disputes can be subject to arbitration, Mr. Huang represented a Fortune 500 company to raise a jurisdiction objection to the court. The court sustained his objection without considering the existence of an explicit arbitration clauses between the disputing parties.
Litigated the case of Qualcomm v. Meizu, wherein Mr. Huang represented Meizu in the dispute concerning the licensing of telecommunication SEPs.
In the first judicial review case of RPM administrative sanctions decisions in China, Mr. Huang represented the Hainan Price Bureau, defending his clients approach to enforce AML concerning RPM and won the case.
In the “Wechat Emoji” Case Mr. Huang argued on the abuse of market dominance. The case was broadcasted live online, and is currently scheduled for a retrial in front of the Supreme People’s Court.
A case relating to vertical restraints and abuse of dominance, Mr. Huang was retained by a Fortune 500 company and provided counsel in its dispute with its distributor over issues relating to vertical monopoly agreements and abuse of market dominance.
In the “Wechat Hundred-People Group” case Mr. Huang represented Tencent in its dispute with an applicant regarding their alleged abuse of dominant market position before the Guangdong Higher People’s Court.
In the “Wechat Public Account” case Mr. Huang represented Tencent against allegations of abuse of dominant market position.
Currently, as retained by loyal clients, Mr. Huang and his team are handling a myriad of antitrust litigation cases, including notable examples such as the case with the highest claims amount of all currently pending civil antitrust litigations in China, and the first antitrust follow-on litigation raised by competitor in China.
Antitrust Compliance
Mr. Huang has also provided antitrust training and compliance services for tens of multinational companies, SOEs, and private enterprises including - but not limited to - ABB (China), SKF (China), Schneider Electric (China), Wyeth Nutrition (China) Co., Ltd., Siemens (China), Pepsico (China), Nike (China), Samsung (Korea), Hyundai (Korea), Denso (Japan), Panasonic (Japan), NSK (Japan), and Honda (Guangzhou).
Merger Control Filings
In a number of merger control filings, which have had significant influence in their respective industries, Mr. Huang has provided clients with premier legal services. Mr. Huang has in-depth experience in assisting clients in understanding whether relevant transactions should be filed, how to make those filings, and how to successfully attain approval by China’s Ministry of Commerce.
Provided legal services for relevant parties in the global acquisition of Alcatel Lucent by Nokia.
Represented Meinian Onehealth Healthcare Holdings Co. Ltd. in its merger filing for the acquisition of Ciming Health Checkup Management Group Co., Ltd.
Represented Beijing Infrastructure Investment Co. Ltd. in its merger filing for the acquisition of BeiKong Transportation Equipment Co. and obtained unconditional approval.
Represented New Hope Liuhe in the acquisition of Yangling Benxiang Agricultural Co. and obtained unconditional approval.
Represented Wanke in a merger filing and on other relevant matters for its establishment of a joint venture.
Represented Hengli LLC in filing its stock acquisition of Hengli Investment & Hengli Refinery and obtained unconditional approval.
Represented China Three Gorges (Europe) S.A. in a merger filing for its oversea stock acquisition of Moray Offshore Windfarm (East) Ltd. and obtained unconditional approval.
Represented Diamond Generating Europe Ltd., a wholly-owned subsidiary of Mitsubishi Corp., in the merger filing for its oversea stock acquisition of Moray Offshore Windfarm (East) Ltd. and obtained unconditional approval.
Represented Guangdong JPMF in a merger filing for its stock acquisition of Triumph Lead Group and obtained unconditional approval.
Represented CNOOC Energy Conservation and Environmental Protection Service Co. Ltd. and SITA Asia Pacific Ltd. in a merger filing for a proposed joint venture and obtained unconditional approval.
Represented Shanghai Maling Aquarius Co., Ltd. in a merger control filing for its acquisition of Silver Fern Farms Beef Ltd. and obtained unconditional approval.
Representing CJ CHEILJEDANG Corp. and Yihai Kerry Investment Co. Ltd. in a merger filing and in other relevant matters pertaining to the establishment of a joint venture.
Representing China Yangtze Electric Power in a relevant merger control filing.
Social Activities
Mr. Huang has been interviewed by many mainstream media outlets like CCTV, Beijing News, Caijing Magazine, Chinese Lawyers, and Beijing Lawyers to express his professional’s opinion on significant antitrust cases in China.
On August 25, 2013, Mr. Huang was invited by CCTV2 Dialogue program to have a live discussion with Mr. XU Kunlin and Mr. LU Yanchun, the heads of the NDRC Price Supervision and Antitrust Bureau, on the annual AML highlights. In March 2014, Mr. Huang was introduced and interviewed as the cover figure of the high-profile professional magazine Chinese Lawyers. The cases in which Mr. Huang represented one of the parties, like the LCD case, the IDC case, and the 3Q War case, were repeatedly cited by Chinese Lawyers as classic cases.
In November and December of 2014, as invited respectively by the Japan-China Investment Promotion Organization (JCIPO) and Korean Bae, Kim & Lee LLP, Mr. Huang delivered speeches on antitrust issues in Japan and Korea. Mr. Huang was and is actively involved in national and/or international antitrust forums to deliver speeches therein.
In 2015, Mr. Huang was invited as a legal professional to draft the Intellectual Property Rights Antitrust Guidelines and the Auto Industry Antitrust Guidelines.

Social Involvements

General Secretary at the Anti-Monopoly Committee of the All China Lawyers Association
Arbitrator at China International Economic & Trade Arbitration Commission
Expert lawyer/authority for the Compliance and Advocacy Taskforce, the Merger Control Regime, and for Court Proceedings in Antitrust Damage Claims at the International Chamber of Commerce (ICC) Commission on Competition
Tutor for postgraduate at the Law School of China University of Political Science and Law
Tutor for postgraduate at the Law School of Xiamen University

History at the Firm

From 2000 to 2008, Partner and Deputy Director of Fujian XuFeng Law Firm.
From 2008 to now, Managing Partner of Beijing Tian Yuan Law Firm.

Honors

“Recommended Lawyer 2018” by Legal 500.
Awarded as” Outstanding Young Professional Lawyer of Fujian” in 2008.
Awarded as “Outstanding Lawyer of Fujian” in 2003.
“Band 3 Lawyer in Competition & Antitrust” in 2017 by Chambers & Partners.
“China’s Top 100 Lawyers (The A List)” in 2017/2016 by China Business Law Journal.
“Top Chinese Lawyer” in the Antitrust and Competition Legal Fields in 2016 by LEGALBAND.
“China’s 15 Best Litigators” in 2016 by Asian Legal Business.
“Recognized Lawyer in Competition & Antitrust” in 2016 by Chambers & Partners.
Band 1 Practitioner in Antitrust and Competition Law Area in 2015 by LEGALBAND.
Antitrust Lawyer of the Year in 2014 by the 6th Judicial Annual Summit.

Education

LL.M., Washington College of Law, American University
LL.M., Xiamen University

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