Getting The Deal Through logo
Getting The Deal Through

    Expand All / Collapse All

  • 1.

    What is the general attitude of business and the authorities to competition compliance?

  • 2.

    Is there a government-approved standard for compliance programmes in your jurisdiction?

  • 3.

    Is the compliance guidance generally applicable or do best practice and obligations depend on company size and the sector of the economy in which it operates?

  • 4.

    If the company has a competition compliance programme in place, does it have any effect on sanctions?

  • 5.

    How does a company demonstrate its commitment to competition compliance?

  • 6.

    What are the key features of a compliance programme regarding risk identification?

  • 7.

    What are the key features of a compliance programme regarding risk-assessment?

  • 8.

    What are the key features of a compliance programme regarding risk-mitigation?

  • 9.

    What are the key features of a compliance programme regarding review?

  • 10.

    What types of arrangements should the company avoid entering into with its competitors?

  • 11.

    What precautions can be taken to manage competition law risk when the company enters into an arrangement with a competitor?

  • 12.

    What form must behaviour take to constitute a cartel?

  • 13.

    Under what circumstances can cartels be exempted from sanctions?

  • 14.

    Can the company exchange information with its competitors?

  • 15.

    Is a leniency programme available to companies or individuals who participate in a cartel in your jurisdiction?

  • 16.

    Can the company apply for leniency for itself and its individual officers and employees?

  • 17.

    Can the company reserve a place in line before a formal leniency application is ready?

  • 18.

    If the company blows the whistle on other cartels, can it get any benefit?

  • 19.

    What types of vertical arrangements between the company and its suppliers or customers are subject to competition enforcement?

  • 20.

    Would the regulatory authority consider the above vertical arrangements per se illegal? If not, how do they analyse and decide on these arrangements?

  • 21.

    Under what circumstances can vertical arrangements be exempted from sanctions?

  • 22.

    Which factors does your jurisdiction apply to determine if the company holds a dominant market position?

  • 23.

    If the company holds a dominant market position, what forms of behaviour constitute abuse of market dominance? Describe any recent cases.

  • 24.

    Under what circumstances can abusing market dominance be exempted from sanctions or excluded from enforcement?

  • 25.

    Does the company need to obtain approval from the competition authority for mergers and acquisitions? Is it mandatory or voluntary to obtain approval before completion?

  • 26.

    How long does it normally take to obtain approval?

  • 27.

    If the company obtains approval, does it mean the authority has confirmed the terms in the documents will be considered compliant with competition law?

  • 28.

    What are the consequences for failure to file, delay in filing and incomplete filing? Have there been any recent cases?

  • 29.

    Under which circumstances would the company and officers or employees need separate legal representation? Do the authorities require separate legal representation during certain types of investigations?

  • 30.

    For what types of infringement would the regulatory authority launch a dawn raid? Are there any specific procedural rules for dawn raids?

  • 31.

    What are the company’s rights and obligations during a dawn raid?

  • 32.

    Is there any mechanism to settle, or to make commitments to regulators, during an investigation?

  • 33.

    What weight will the authorities place on companies implementing or amending a compliance programme in settlement negotiations?

  • 34.

    Are corporate monitorships used in your jurisdiction?

  • 35.

    Are agreed statements of facts in a settlement with the authorities automatically admissible as evidence in actions for private damages, including class-actions or representative claims?

  • 36.

    Can the company or an individual invoke legal privilege or privilege against self-incrimination in an investigation?

  • 37.

    What confidentiality protection is afforded to the company and/or individual involved in competition investigations?

  • 38.

    What are the penalties for refusing to cooperate with the authorities in an investigation?

  • 39.

    Is there a duty to notify the regulator of competition infringements?

  • 40.

    What are the limitation periods for competition infringements?

  • 41.

    Are there any other regulated anticompetitive practices not mentioned above? Provide details.

  • 42.

    Are there any proposals for competition law reform in your jurisdiction? If yes, what effects will it have on the company’s compliance?

  • Updates and trends

View profile

King & Wood Mallesons is recognised as one of the world’s most innovative law firms. With access to a global platform, a team of over 2000 lawyers in 27 locations around the world, works with clients to help them understand local challenges, navigate through regional complexity, and to find commercial solutions that deliver a competitive advantage for our clients.

View more information about King & Wood Mallesons


Beijing
18th Floor, East Tower
At 1 Dongsanhuan Zhonglu
Chaoyang District
100020
Beijing
China
T: +86 10 5878 5588/5010
F: +86 10 5878 5599


Testimonials

Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content

Subscribe



Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn