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Reference of the EU Ernst&Young P/S v Konkurrencer ⏵ det case to the scope of "preemption" in China's antitrust declaration
2018 12/12Author:Gao LiangOn May 31, 2018, the Court of Justice of the EU made a preliminary ruling in the Ernst&Young P/S v Konkurrencer ä det case. 2 The European Court held that the control of concentration of operators in Article 7, paragraph 1, of the EU Regulation on Mergers and Acquisitions ("preemptive"), It should be interpreted as "a certain concentration should be implemented by only one exchange, and the transaction will lead to the transfer of control of the target enterprise in whole or in part, in fact, or in law. Regardless of whether the termination of the cooperation agreement has had market effects, the termination of the cooperation agreement in this case should not be considered as a situation that can lead to a certain concentration implementation.". Therefore, the European Court of Justice held that the termination of the cooperation agreement involved in this case should not be regarded as a "preemption". -
Do you want to "double reverse" with Chinese tires again?
2018 11/14Author:Qian WenjieThis month,the United States will announce its decision on whether to initiate a"dual anti"investigation into China's passenger cars and light truck tires.If the United States launches a"double anti"investigation,the Chinese tire market will face tremendous pressure.Relevant enterprises should be prepared to respond to the positive factors in this case and strive for a favorable outcome to the greatest extent. -
Beware of US fishing and obtaining evidence
2018 11/02Author:Qian WenjieOn March 19th,the US International Trade Commission(ITC)announced that it would terminate the review of antitrust litigation points in the US 337 investigation of China Steel.So far,after nearly two years of hard defense,the case has ended with the comprehensive victory of the Chinese responding enterprise. -
Is the application for mortgage house change registration a marital property agreement?
2018 10/26Author:Zhang Qingyun[Brief Introduction to the Case]
The plaintiff Huang and the defendant Zhang registered their marriage on May 21,2014 and lived in Room 910(hereinafter referred to as Room 910)of a garden community after their marriage.Room 910 was purchased by Zhang on December 9,2008 before marriage and registered under Zhang's name.On July 12,2014,Mr.Huang and Mr.Zhang went to a city notary office to notarize the"Application for Alteration of Mortgage Housing Registration"signed by them,which mainly includes:"Bank of China Limited×××"Branch:Due to our marriage,we need to mortgage the property 910 of your bank in December 2008,and apply for the following matters to occur.Change registration:Zhang has voluntarily added Huang as the co owner of the above property...Zhang and Huang have agreed to assume joint repayment responsibilities,and our registration of changes in the above matters is fully legal and voluntary..."On October 9,2014,Mr.Huang filed a lawsuit to the court requesting a divorce from Mr.Zhang,claiming that the 910 room house belongs to the joint property of the husband and wife and should be divided.During the court trial,Zhang agreed to divorce,but believed that the 910 room house belonged to his personal property,and Huang had no right to request a division.The court also found that the market value of the 910 room house was 1.15 million yuan,and the outstanding loan principal was 302932 yuan. -
What enlightenment does the Tetra Pak case give us
2018 10/26Author:Jiang LiyongOn November 16,2016,with a notice from the State Administration for Industry and Commerce,the investigation of Tetra Pak's suspected abuse of market dominance,which lasted for 4 and a half years,was finally settled.Although there are also many antitrust cases punished by the industrial and commercial system,past cases have been investigated and dealt with by provincial bureaus authorized by the General Administration.The Tetra Pak case can be described as the first case handled personally by the General Administration.What are the implications of this antitrust case? -
Looking for new machines for photovoltaic products after entering Ornault
2017 07/04Author:Qian WenjieAfter difficult negotiations,the EU's"double anti"investigation into China's photovoltaic industry ended with a"price commitment"plan.Although price commitments are relatively flexible trade measures compared to the imposition of anti-dumping duties,due to the setting of minimum prices for Chinese exports,mainland enterprises that are not competitive in the high-end market have lost significant market share.However,after experiencing the"double anti"storm in Europe and the United States,China's photovoltaic industry has increasingly attached importance to improving quality and technology.With the continuous innovation and improvement of technological level of enterprises,as well as the reasonable guidance of policies,the competitiveness of China's photovoltaic industry will be improved and new development opportunities will be ushered in. -
What lawyers should do to curb commercial corruption
2017 04/20Author:Qian WenjieThe Lansu commercial bribery incident was officially investigated by the Chinese police at the end of June this year,and has received high attention at home and abroad since the case was filed.Firstly,the amount involved in this case is extremely high.Since 2007,Glaxo has transferred as much as 3 billion yuan of funds through intermediaries.Secondly,there are many institutions involved in this case.After investigation,the police found that more than 700 travel agencies assisted Glaxo in bribery,and it is difficult to count the doctors who accepted bribes.Moreover,in this case,the nature of commercial bribery conducted by the company is very serious,and even teaches employees how to offer and accept bribes.In addition,the financial department is also arranged to cooperate with sales personnel to falsify accounts.The Glaxo incident has shaken the entire medical industry,and the public has paid high attention to it.The author believes that the legal services of lawyers in this field are worth studying. -
Risk Warning of US Export Controls
2017 03/10Author:Qian WenjieZTE's US related export control case reflects the serious consequences of foreign companies violating the US export control system.The subsequent compliance rectification measures taken by ZTE also provide coping strategies and reference for other enterprises. -
Research on the Policies of Local Small Loan Companies
2017 02/20Author:Wan Gna,Hao Peijun1、Evolution of regulations and policies
1."Pilot Opinions on Small Loan Companies"(2008)
On May 4,2008,the China Banking Regulatory Commission and the People's Bank of China jointly promulgated the Guiding Opinions on the Pilot Work of Small Loan Companies(YJF[2008]No.23)(hereinafter referred to as the"Small Loan Pilot Opinions").The"Small Loan Pilot Opinion"puts forward the following requirements for small loan companies: