Clifford Chance

Clifford Chance Client Briefing-Asia-Pacific Quarterly Antitrust - Q3 2016

2 November 2016

China's Ministry of Commerce (MOFCOM) issued its first conditional decision of 2016 with the approval of AB InBev's acquisition of SABMiller. MOFCOM has also maintained its focus on investigating deals which have not been notified – with at least three such deals currently being looked at, including notably the merger of Didi Chuxing and Uber China.  Also, deputy Director General of MOFCOM's Anti-monopoly Bureau (AMB), Wu Zhenguo was finally confirmed as the new head of the bureau, formally replacing Shang Ming who retired earlier in the year.

On the enforcement side, the provincial counterparts of both NDRC and SAIC have continued to be active in focusing on consumer products sectors including gas distribution, pharmaceuticals, consumer electronics, insurance and food products.

Across the Asia-Pacific region, regulators have shown increased activity on both antitrust enforcement and merger control. Australia issued its first ever criminal charges for criminal cartel conduct against Japanese shipping group NYK in relation to the transportation of vehicles. In Hong Kong, the Competition Commission has proposed to grant a five year block exemption order for vessel sharing agreements between liner shipping companies. In the Philippines, the Competition Commission is making its mark early – since its establishment earlier this year, it has reviewed over 60 mergers and is currently challenging the proposed purchase of San Miguel's telecommunications business by Globe and PLDT through the courts.  One area of potential concern with the new agency's approach is its view that mergers should be notified prior to signing a definitive agreement.

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