Due to the fact that the scrutiny of concentration of business operators under the Anti-Monopoly Law has become increasingly strict, administrative investigations may be commenced and penalties may be imposed on business operators that meet the thresholds for declaration but which have not made such declarations as well on business operators which do not meet the thresholds for declaration but may otherwise incur potential anti-competitive effects. In this regard, the Chance Bridge team is committed to providing a full range of pre-declaration assessment services for business operators.

Our related services cover:

• Providing assessment services in connection with whether a merger and acquisition (M&A) project is required to file a concentration of undertakings
• Providing assessment services in connection with whether newly established joint venture projects are required to file a concentration of undertakings
• Assisting in negotiations with the State Administration for Market Regulation ("SAMR") on whether merger control notification is required

The Chance Bridge antitrust team has been engaged in the provision of legal services in respect of cross-border projects from its founding, and has developed and maintains close ties to leading independent law firms in more than 100 jurisdictions around the world, allowing our team to provide seamless integrated antitrust law services for our clients in all key countries and territories around the world. So far, we have assisted numerous well-known multinational companies, large and medium-sized state-owned and private enterprises in the PRC in connection with merger control filings for both onshore and offshore M&A transactions.

Our related services cover:

• Assisting with reporting the concentration of undertakings to SAMR
• Assisting in the negotiations relating to the filing of merger control notifications with SAMR
• Providing consulting, strategic analysis and negotiation services in respect of business divestiture and additional conditions set forth in the notification
• Assisting in challenging and opposing the concentration of the relevant enterprises
• Coordinating or assisting clients in their declaration of the concentration of undertakings in various countries and territories
• Instituting administrative review proceedings or administrative litigation in respect of the relevant decision

With the strengthening of competition law enforcement in China, failure to respond properly to enquiries or investigations by relevant authorities may lead to serious legal consequences. The Chance Bridge antitrust team can assist enterprises in preparing and submitting appropriate responses so as to defend itself in a lawful manner, ensuring full compliance with the statutory obligations of cooperation by providing the relevant materials and evidence, while at the same time safeguarding its own legitimate rights and interests.  

Our related services cover:

• Assisting in responding to investigations of suspected monopolistic behavior conducted by SAMR
• Conducting simulations and making suggestions on responses to the antitrust investigation
• Assisting with applications for lenient treatment for horizontal monopoly agreements so as to obtain exemption or lighter punishment
• Assisting in applying to obtain commitments for a suspension or termination of the investigation

The Chance Bridge antitrust team has extensive experience and understanding in the antitrust dispute resolution field, and will be able to provide related high quality services to clients.

Our related services cover:

• Providing consultancy and strategic analysis services for antitrust civil litigation cases
• Initiating litigation proceedings against others for monopolistic conduct, and assisting in collecting related evidence
• Defending against civil litigation actions alleging monopolistic conduct
• Providing consultancy and litigation services for legal actions challenging anti-monopoly related administrative decisions
• Negotiating and signing the reconciliation agreement and mediation agreement on behalf of the client

The Chance Bridge antitrust team also has extensive experience and understanding in respect of unfair competition disputes, and are also able to provide our clients with high quality services in such matters.

Our related services cover:

• Providing litigation consultation, litigation strategy analysis, and representing clients in bringing and defending litigation cases in respect of alleged behavior consitituting unfair competition in any form in contravention of applicable law
• Negotiating and signing the reconciliation agreement and mediation agreement on behalf of the client

If enterprises fail to perform the obligations outlined under the Anti-monopoly Law, the Anti-unfair Competition Law, the E-commerce Law and other related rules, they will be considered as being in violation of such laws and severe penalties may be imposed, including confiscation of all illegal income and the imposition of a fine equivalent to 10% of the total sales volume of the enterprises in the previous year. Chance Bridge’s team of anti-monopoly and anti-unfair competition lawyers can reduce the risk of anti-monopoly and competition compliance, and provide the most direct and effective anti-monopoly and competition law solutions for our clients.

Our related services cover:

• Formulating compliance plans and programs in respect of anti-monopoly, anti-unfair competition, and other related legal regimes
• Providing guidance and assistance with drafting of a code of conduct in respect of the same
• Simulations of surprise investigations by law enforcement agencies in respect thereof
• Providing compliance presentations, seminars and in-house training services for the same
• Reviewing and modifying commercial contracts and trade agreements to prevent and mitigate related legal risks
• Providing updates on related legal developments and notifying clients of related potential legal risks

In June 2021, the State Administration for Market Regulation, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce and the Ministry of Justice jointly issued the Implementation Rules for the Fair Competition Review System, providing guidance on the implementation of the Fair Competition Review System. The Chance Bridge antitrust and anti-unfair competition team provides related services to government agencies and relevant enterprise clients on whether laws, policies and rules are in conformity with such fair competition market rules.

Our related services cover:

• Providing analysis and advisory opinions on whether laws, policies and rules issued or to be issued by the government authorities are in compliance with the fair competition review system
• Making requests on behalf of clients for the fair competition review in respect of the laws, policies and rules proposed to be issued by the government authorities, or to file reports or related administrative proceedings in respect of the laws, policies and rules promulgated which are not in compliance with the fair competition review system