Clifford Chance
Antitrust in China and across the region: Quarterly update October to December 2017
16 January 2018
Key points of interest include the following:
- The final quarter of 2017 saw a spike in merger enforcement in China, with MOFCOM imposing remedies in five cases – more than in the previous two years combined.
- Enforcement in China continued to be domestically-focused, with NDRC issuing 27 decisions relating to abuse of administrative power in connection with the introduction of the Fair Competition Review System (designed to ensure local regulations maintain a level playing field) and SAIC focused on the implementation of new consumer protection legislation (Anti-Unfair Competition Law).
- Outside China, Singapore had an active quarter, despatching two mergers for phase II review; wrapping up its studies into car parts distribution (with measures taken to remove restrictive warranty terms) and retail petrol sales (with recommendations on price transparency and consumer awareness); and consulting on changes to the Competition Act. In addition, a new competition law came into effect in Thailand; new rules came into effect in Korea streamlining the merger process for extraterritorial joint ventures; and in the Philippines, the rule requiring mergers to be filed prior to signing was replaced by a requirement to file within 30 days of signing. Finally, Qualcomm's antitrust woes continued with the imposition by the Taiwanese Fair Trade Commission of a fine of TWD 23.4 billion (approx. USD 773 million) for abuse of a dominant position.
