汇业新闻

On January 14, 2020, 17th China Merger & Acquisition Conference was held at Renaissance Shanghai Pudong Hotel, Shanghai, China. Near a hundred representatives from different multinational companies attended this conference. Mr. Zhicheng Pan, senior partner and chair of competition committee of Hui Ye Law Firm, was invited to give a speech in English on the topic of China’s SAMR merger review practice.

2020年1月14日，第17届中国并购论坛在中国上海浦东万丽酒店举行。汇业律师事务所高级合伙人、竞争法专业委员会主任潘志成律师应邀就国家市场监督管理总局经营者集中审查实务作英文专题演讲。

In the speech, Mr. Pan made a comparison between China’s SAMR merger review and filing with US’ merger review and HSR filing, pointed out that on many aspects these two filings looked similar but in nature were different. Mr. Pan also introduced the statistics of SAMR filing in the year of 2019. Based upon the statistics, Mr. Pan answered the three questions frequently asked by the clients: how quick the filing process could be, whether SAMR has transparent criteria for review and approval, and whether political factors or trade war between US and China would play any role in SAMR’s consideration.

在演讲中，潘律师将国家市场监督管理总局的反垄断审查和申报与美国并购审查和申报进行了比较，指出二者在许多方面尽管形似但存在实质不同。潘律师同时介绍了国家市场监督管理总局2019年经营者集中申报的执法数据，并结合执法数据讨论了客户普遍关心的三个问题：经营者集中申报流程快还是慢，审查标准是否透明，以及经营者集中审查是否受中美贸易战等政治因素影响。

Mr. Pan also introduced the recently published opinion soliciting draft of China’s New Antimonopoly Law. The amendments proposed in this draft, particularly the amendments in the chapter of business concentration, could reveal the new trend of China’s Antimonopoly Law. The amendments showed that non-compliance cases, such as failure of filing report to SAMR or gun jumping practices will be subject to even stricter scrutiny, and much higher amount of fine could be imposed.

潘律师还介绍了国家市场监督管理总局近期公布的《反垄断法》修订征求意见稿。征求意见稿的内容，特别是关于经营者集中审查章节的修订，可以揭示中国经营者集中反垄断审查的新的执法动向。这些动向包括经营者集中未依法申报的案件，例如未申报案件或在决定作出前实施集中的抢跑案件，将会受到更为严格的审查，并会被处以更高金额的罚金。

Mr. Pan and his team has handled a number of SAMR filings in recent year, including the No. 5 ever decision issued by SAMR concerning a joint venture established by a state owned automobile group and a French automobile group, for operating car-sharing business. Just in the first week of 2020, Mr. Pan and his team has obtained the No.3 decision issued by SAMR in 2020 concerning a new joint venture project. It just took 40 days starting from filing this application to issuance of the decision.

潘律师及其团队在近年来协助客户办理了一系列经营者集中申报案件，包括在国家市场监督管理总局作为反垄断执法机关以来所作出的第5号经营者集中不予禁止决定，该案涉及一家国有汽车集团与一家法国汽车集团合资设立分时租赁共享出行的企业。在2020年第一周，潘律师及其团队已经协助客户取得了国家市场监督管理总局在2020年作出的第3号不予禁止决定，该项申报自递交材料之日起至取得决定仅用时40日。

Competition Committee of Hui Ye Law Firm comprises of a number of partners and senior lawyers with antimonopoly law expertise and with overseas study or practice background. The lawyers in Competition Committee have already provided solutions on antimonopoly law issues for many multinational companies, and have reach experience in merger review filing, designing and setting up antimonopoly compliance program, and dealing with antimonopoly administrative enforcement cases. The lawyers in Competition Committee not only spend great efforts to improve practice skill and enhance services to clients, but also spend efforts to continually publish articles concerning highly profiled antimonopoly law cases or developments in law journals or magazines, such as Mr. Pan published an article titled “statistic analysis of merger review practice in China (2008-2018)” on Competition Policy and Law Journal (5th Edition, 2019), such efforts keep lawyers in Hui Ye Competition Committee standing in the forefront of antimonopoly law practice field.

汇业竞争法专业委员会由多位具有反垄断法专业背景且同时具有海外留学经历的合伙人及资深律师组建而成。委员会律师目前已为多家知名跨国企业提供反垄断法律服务解决方案，在反垄断行政执法调查应对、经营者集中申报、合规体系建设等方面积累了丰富经验。委员会律师不仅注重实务技能提高和客户服务改善，同时还注重就反垄断法热点案件和最新动态发表专业评论文章，例如潘志成律师在2019年第5卷《竞争政策和法律评论》上发表“经营者集中执法数据分析报告（2008-2018）”等，使得汇业竞争法专业委员会律师始终活跃在行业前沿。