Recently, the talk show "roast Conference" (Season 5) was a hit among the audience. Zhang Dada, who brought his own black body, was roast by his peers in various ways at the "roast Conference". After he took the stage, he reluctantly said a sentence (stem): "If I break the law, please punish me by the law, rather than trying to bury me!" The host Li Sheng and all the guests smiled knowingly.

On November 10, 2020, on the eve of the Double 11th Day, the State Administration of Market Supervision issued the "Anti monopoly Guidelines on the Platform Economy (Draft for Comments).". On February 7, 2021, the Anti monopoly Committee of the State Council officially released the "Anti monopoly Guidelines for the Platform Economy". On November 30, 2020, Gaopeng Law Firm jointly held an online lecture with relevant scholars and industry insiders. The following is a transcript of the lecture, which was updated by the author and editor according to the final draft of the Guide before release.

Question raised:


In real estate financing projects handled by trust companies, in order to ensure the smooth realization of the trust company's creditor's rights, a fund collection/settlement clause is usually set up in the transaction contract, requiring the debtor or a third person to collect a certain proportion of the funds to the designated collection account within a certain time before the financing expires, or requiring the debtor or a third person to deposit the sales proceeds of the loan project or collateral project to the designated settlement account according to a certain amount or proportion, The purpose of collecting/depositing funds is generally limited to repaying debts to trust companies. Can the trust company, as a creditor, have a priority right to receive compensation for the funds in the collection/settlement account when the debtor fails to fulfill its obligations?

In December 2020, the Eurasian Economic Commission held a hearing on the sunset review of anti-dumping measures against oil well pipes in China. This case is the first sunset review initiated by the Eurasian Economic Union on exporters' price commitments.

preface
The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") came into force on January 1, 2021. In order to cooperate with the implementation of the Civil Code, the Supreme People's Court, on the basis of clearing up relevant judicial interpretations, combined with judicial practice, The Supreme People's Court's Interpretation on the Application of the Guarantee Part of the Civil Code of the People's Republic of China (hereinafter referred to as the "Judicial Interpretation of the Guarantee System of the Civil Code") has been formulated and implemented simultaneously with the Civil Code. "What is the impact of the Civil Code and the Judicial Interpretation of the Civil Code Guarantee System on the project guarantee measures of financial institutions? What are the key points of attention for financial institutions to pay when arranging and implementing project guarantee measures after the Civil Code? We have made relevant summaries for reference.".

Recently, we have accepted and acted as an agent for some consultation and declaration related to the business concentration of state-owned enterprises. Although the author has written in the past on the academic viewpoint of whether mergers and acquisitions between state-owned enterprises should be reported for concentration of managers, in order to better reflect and guide the reporting activities of state-owned enterprises in practice, the following analysis and introduction are again provided for the benefit of readers.

preface

The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") came into force on January 1, 2021. In order to cooperate with the implementation of the Civil Code, the Supreme People's Court, on the basis of clearing up relevant judicial interpretations, combined with judicial practice, The Supreme People's Court's Interpretation on the Application of the Guarantee Part of the Civil Code of the People's Republic of China (hereinafter referred to as the "Judicial Interpretation of the Guarantee System of the Civil Code") has been formulated and implemented simultaneously with the Civil Code. "What is the impact of the Civil Code and the Judicial Interpretation of the Civil Code Guarantee System on the project guarantee measures of financial institutions? What are the key points of attention for financial institutions to pay when arranging and implementing project guarantee measures after the Civil Code? We have made relevant summaries for reference.".

On December 19, 2020, the National Development and Reform Commission and the Ministry of Commerce jointly issued the Measures for the Security Review of Foreign Investment (hereinafter referred to as the "New Regulations on the Security Review of Foreign Investment") by ministerial Order No. 37. What is new in the new regulations on foreign investment security review? This article combines the practical experience of our firm in providing security trial legal services and attempts to interpret it from the perspective of practicing lawyers.

First, the background

On December 14, 2020, the State Administration for Market Regulation announced that, in accordance with the Anti-Monopoly Law, it had investigated three cases of concentration of undertakings that had not been declared in accordance with the law, including Alibaba Investment Co., Ltd.'s acquisition of the equity of Yintai Commercial (Group) Co., Ltd., the acquisition of the equity of Sunli Media Holdings Co., Ltd. by China Literature Group, and the acquisition of the equity of China Post Smart Delivery Technology Co., Ltd. by Shenzhen Fengchao Network Technology Co., Ltd. China Literature Group and Shenzhen Fengchao Network Technology Co., Ltd. were each fined RMB 500,000. This article intends to briefly analyze the differences between the three administrative punishment cases and the previous punishment cases for the readers.