On January 9, 2025, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) released its decision in a trade and investment barrier investigation into the European Union’s Foreign Subsidies Regulation (“FSR”).
First Merger Commitments Adopted under the EU Foreign Subsidies Regulation
On September 24, 2024, the European Commission (EC) conditionally approved, under the Foreign Subsidies Regulation (FSR), the acquisition of PPF Telecom Group (PPF) by Emirates Telecommunications Group Company PJSC (e&).[1] The EC’s clearance is subject to commitments valid for 10 years, which may be extended by another 5 years. This is the EC’s first Phase II conditional clearance decision under the FSR, which started to apply on July 12, 2023.[2].
SAMR Streamlined Merger Notification Forms for Simple Cases
On September 14, 2024, China’s SAMR published streamlined notification and publicity forms for cases reviewed under its simplified merger review procedure (“Simple Cases”). The revised forms will take effect as of October 12, 2024.
China’s Review of Semiconductor Transactions
Cleary Gottlieb counsel Cunzhen Huang and associates Huanbing Xu and Yiming Sun co-authored “China’s Review of Semiconductor Transactions,” which appeared
China Introduces Revisions to Merger Notification Thresholds
The First Chinese Court Decision on Antitrust Issues In Labor Markets
Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on agreements between employers not to recruit or solicit each other’s employees—so-called “no poach” agreements. In a recent decision, a court in China held no‑poach and employee compensation-fixing agreements to be illegal, the first such court decision in the country. The court’s decision, however, reveals the difficulties in analyzing no-poach agreements within China’s existing antitrust regime and analytical framework. This article provides an overview of the Chinese court’s reasoning in its recent decision and a comparative assessment to the approach in the United States.