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Hong Kong

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Competition/antitrust

The development of competition law in Hong Kong has at times seemed a bit like that proverbial football kick between Charlie Brown and Lucy-firms keep preparing for the imminent introduction of Hong Kong's competition law, only to have its drafting and implementation delayed again and again. However, that long-awaited day seems to be nearly here, with the law's review committee expected to conclude their work in summer 2012.

This increasingly real spectre of the competition law has meant that clients are starting to invest in competition/antitrust consultation at an increasing rate, and have an interest in developing training and advisory programmes for their employees so that they are prepared when the law comes to pass.

Hong Kong is currently a bit of an outlier among Asia jurisdictions, having been one of the last to develop an anti-monopoly law. Places like Indonesia, Korea, Japan and China have gotten increasingly aggressive in enforcing their regimes and imposing fines on corporations who are not compliant. Together these movements represent a collective shift towards increasing regulation in the region.

After several recent high-profile failures-including Coca Cola's unsuccessful attempt to acquire HuiYuan juice producers because it was prohibited by Mofcom-clients from top firms seem to be investing more in antirust matters when it comes to investments and proposed M&As into China. This is also a boon to Greater China teams based in Hong Kong. Companies have taken a more preventative approach to compliance and ensuring that their proposals are successful with the Chinese government. Mofcom has increasingly resorted to Phase II investigations, which encourages firms to provide high-level advice to clients in the post-Coca Cola era.

Baker & McKenzie

Baker & McKenzie is known in the Hong Kong and Greater China markets for its genuine Chinese language capabilities and strong knowledge of the China market. This is certainly an advantage to Baker's international clients seeking to invest in China, as well as Chinese clients seeking outbound targets and acquisitions in new markets.... [more]

Leading lawyers
Clara Ingen-Housz
Nancy Leigh
Chun Fai Lui
Paul Tan

Clifford Chance

"Emma Davies is a rising star for corporate law on the competition front," says one client.Clifford Chance's China antitrust practice is led by Beijing-based partner Ninette Dodoo, who brings substantial antitrust experience to Clifford Chance's Asia practice.... [more]

Leading lawyers
Emma Davies
Ninette Dodoo

DLA Piper

DLA Piper's Greater China competition and antitrust team is led in Hong Kong by partner David Cox, who has 37 years of experience in practising competition/antitrust law across the globe, and has advised on Chinese anti-monopoly law since its introduction in 2008. DLA Piper's competition practice was also augmented this year by the addition of Jingwen Zhu in July 2010.... [more]

Leading lawyers
David Cox
Lucas Niedolistek
Jingwen Zhu

Freshfields Bruckhaus Deringer

Partner Nicholas French leads Freshfields Asian competition/antitrust practice from Beijing, and is responsible for restructuring teams in Hong Kong, China, Vietnam and Japan. Beijing-based partner Michael Han has deep experience with China's regulatory regime, having worked at the predecessor government body to the Ministry of Commerce (the Ministry of Foreign Trade and Economic Cooperation) before joining Freshfields.... [more]

Leading lawyers
Nicholas French
Michael Han

Herbert Smith

Herbert Smith's competition/antitrust team has built a strong practice in acting for leading multinationals in Mofcom merger filings. The firm's strong energy and project finance practice leads to some of these leading mandates, but the team also advises a wide range manufacturers in navigating Mofcom issues.... [more]

Leading lawyers
Karen Ip

Linklaters

Linklaters' Greater China antitrust team is led by Beijing counsel Yuan Cheng and Shanghai-based corporate practice partner Simon Poh. Cheng specialises in competition and anti-monopoly law and also participates in non-public consultations with Mofcom, NDRC and SAIC on drafting new regulations, which gives Linklaters' clients key insights into the latest antitrust developments in China.... [more]

Leading lawyers
Yuan Cheng

Norton Rose

Norton Rose's top competition/antitrust team serves Greater China and Asia from the firm's Hong Kong office hub. The practice is led by well-regarded partner Marc Waha, who receives high praise from his peers.... [more]

Leading lawyers
Marc Waha

See also

Hong Kong
Asia-Pacific

Practice areas

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