CHINESE UPDATE: Some key points in the first abuse case on China online retail platform players

On April 10, 2021, the State Administration for Market Regulation (“SAMR”) imposed administrative penalties on a leading Internet company for abusing its dominance in the China online retail market by engaging in exclusive dealing conduct. This article will sort out the key points of this case from four different aspects: relevant market definition, market dominance evaluation, “either or” (exclusive dealing) conduct, and the penalty amount. It will also offer suggestions on compliance for Internet platform undertakings.

Editors’ Note: Contributed by Fang He and Adam Li, both partners at JunHe and members of XBMA’s Legal Roundtable. Ms. He has broad experience in M&A, outbound investment, foreign direct investment and private equity. Mr. Li is a leading expert in international mergers & acquisitions, capital markets and international financial transactions involving Chinese companies.

Authored by Ms. Yingling Wei, Ms. Xuefei Bai, and Ms. Yuhang Ding. Ms. Wei, a partner at JunHe LLP, is the head of JunHe’s antitrust practice group and has extensive experience in merger control filings, antitrust compliance advice, antitrust government investigations and antitrust private enforcement litigations. Ms. Xuefei Bai, a partner at JunHe’s antitrust practice group, has rich experience in antitrust law, and has assisted many well-known domestic and foreign companies in merger filings and antitrust government investigations. Ms. Yuhang Ding is an associate at JunHe’s antitrust practice group.


GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for First Quarter 2021

Executive Summary/Highlights Global M&A volume reached record highs in Q1 2021. As Covid-19 vaccines became more widely available and economies reopened, M&A volume reached the largest first quarter deal volume on record since records started being kept in 1980. In Q1 2021, global M&A volume was US$1.34 trillion, a 1.7% increase from Q4 2020 (US$1.32 … Continued

Editors' Note: The XBMA Review is published on a quarterly basis in order to facilitate a deeper understanding of trends and developments. In order to facilitate meaningful comparisons, the XBMA Review has utilized generally consistent metrics and sources of data since inception. We welcome feedback and suggestions for improving the XBMA Review or for interpreting the data.


U.S. UPDATE – Bracing for the “Antitrust” Tech Storm

The widely reported lawsuit against Google, brought this week by the Department of Justice and 11 state attorneys general, marks the most significant antitrust enforcement action in the United States against a major technology company in two decades.  As set out briefly below, the suit warrants careful consideration, both for what it alleges and what … Continued

This article was co-authored by Ilene Knable Gotts (Partner), Ronald C. Chen (Partner) and Kevin S. Schwartz (Partner) at Wachtell, Lipton, Rosen & Katz (New York).

Ilene is a partner in the Antitrust Department. She is regularly recognized as one of the world’s top antitrust lawyers, including being recognized by “Euromoney’s Women in Business Law” with a Lifetime Achievement Award in 2019.

Ron is a partner in the Corporate Department. He is also a Lecturer in Law at Stanford Law School, where he teaches a course on Mergers and Acquisitions, and Co-Chair of the International Bar Association’s annual conference on Mergers and Acquisitions in the Technology Sector.

Kevin is a partner in the Litigation Department. He serves on the Executive Committee of the New York City Bar Association, where he was previously Chair of the Judiciary Committee, and is also a Visiting Lecturer in Law at Yale Law School.


CANADIAN UPDATE – Top Competition and Foreign Investment Review Trends and Issues for 2020

*This article was originally distributed on January 21, 2020 In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2019 will influence these areas of the law in 2020. We discuss below the main issues and trends to watch for this year. Continued Focus … Continued

Editors’ Note: This article was co-authored by John Bodrug, Anita Banicevic and Jim Dinning, partners at Davies Ward Phillips & Vineberg LLP (Toronto).


SINGAPOREAN UPDATE – Key Trends for 2020

*This article was originally distributed on January 23, 2020 Dear Clients and Friends, 新年快乐! We wish you a healthy, happy and prosperous year ahead! We ring in 2020 on a more positive note than where we started 2019. In the past year, a slowdown in manufacturing has weighed on economic growth both globally and in … Continued

Editors’ Note: This article was authored by Jerry Koh (Joint Managing Partner) at Allen & Gledhill LLP.


ISRAELI UPDATE – Public Investment in Hi-Tech Companies

Executive Summary: The Committee for Encouragement of Investments in Public Companies Engaged in R&D, formed by the Israeli Securities Authority, has recommended adopting three main solutions aimed at encouraging public funding of hi-tech companies: promoting IPOs of relatively large hi-tech companies; facilitating the establishment of publicly-traded venture capital funds and encouraging the establishment of publicly … Continued

Editor’s Note:  David E. Tadmor is a member of XBMA’s Legal Roundtable and the Managing Partner of Tadmor & Co.  Mr. Tadmor is recognized as a leading expert in the area of Israeli competition law.  He served as the Director General of the Israel Antitrust Authority (IAA) from 1997 to 2001.  Yoel Neeman is the head of Tadmor & Co.'s Corporate and M&A groups with extensive experience in cross-border transactions. This update is written by Yaniv Aronowich, a partner at Tadmor & Co.'s corporate group.


Global Technology M&A Update – Technology M&A Surges In Difficult Environment

Five disruptive technology megatrends drove the value of global technology mergers and acquisitions (M&A) up 41% in 2011, while volume increased by 13% — even as the value of global M&A in all industries fell slightly amid economic uncertainty, according to Ernst & Young’s Global technology M&A update, October — December 2011 and year in … Continued

Editors’ Note:  Franny Yao (Yao Fang), who contributed this article, is a Partner & Leader at Ernst & Young in Beijing, responsible for Key Accounts and Government Relations in China.  She is a founding director of XBMA and has broad expertise in cross-border M&A, representing major Chinese companies in their global expansion and other strategic drives.  This summary was produced by Ernst & Young’s Global Technology Center.


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