Competition Law in Asia

Antitrust & Competition Law    Competition Law in Asia
 

Antitrust & Competition Law


Covington advises companies on the full spectrum of competition law issues that they may face in Asia, including:
  • mergers, acquisitions, and joint ventures;
  • international cartel and other government investigations;
  • complex antitrust litigations; and
  • intellectual property and sales practices.

Global Competition Review has recognized Covington in its Global Elite for 2013, ranking us among the world’s top 20 antitrust practices.  Our team works closely and seamlessly together across our offices – including our locations in Beijing, Shanghai, and Seoul – to deploy the firm’s full range of expertise and strengths on all of our matters.  We consistently deliver the results that our clients expect and need to achieve their business goals.

China

Our global competition team works frequently with clients in China to develop business strategies that help them achieve their objectives while minimizing regulatory risk.  We regularly advise clients on matters relating to the Anti-Monopoly Law (“AML”), including the AML’s pre-merger notification requirements.  In advising our clients, our senior lawyers in China, the US, and Europe draw on our firm’s extensive expertise in other areas – including food and drug regulation, national security, international trade policy, finance, and intellectual property – to build teams of experts that serve as extensions of our clients’ business teams and that find comprehensive solutions to their legal and business challenges.

We also closely monitor AML enforcement and policy developments and we are well-known by the AML enforcement agencies.  When they were with the U.S. Department of Justice, Covington antitrust practice co-head Thomas Barnett (former Assistant Attorney General in charge of DOJ’s Antitrust Division) and partner James O’Connell (former Deputy Assistant Attorney General) consulted with the State Council, the National People’s Congress, and the Chinese anti-monopoly law enforcement agencies as the AML was in the final drafting and initial implementation stages. After joining Covington, they have continued to consult on policy matters, and the firm regularly participates in policy discussions with the AML enforcement agencies.

Korea

Our lawyers have deep experience assisting Korean companies in matters abroad, and significant expertise in the dynamic industries important to Korean businesses, including electronics, chemicals, pharmaceuticals, industrial products, and automobiles.

We are national counsel to Samsung in one of the largest antitrust class actions in the US, and represent clients in other major current antitrust class actions in the banking, auto parts, airline, and travel businesses.  We have defended clients in the most significant global cartel investigations in recent history, including the auto parts, air cargo, air passenger, and LIBOR-rate inquiries, and successfully defended a major Korean company in a recently closed investigation. Our clients trust us to provide strategic advice in the most sensitive and complex matters.  We put together our deep competition law experience, our familiarity with our clients’ industries, and the strength of our firm’s other practices, to defend our clients’ interests and support their business objectives.

Japan

Our lawyers regularly advise Japanese clients in matters abroad, including companies in key industries such as the manufacturing, life sciences, and technology sectors.  Recent matters have included competition law projects for clients such as Mitsubishi Heavy Industries, Hitachi, Alps Electric, Takeda Pharmaceuticals, and Astellas Pharma.

India

In addition to working with India counsel to assist clients with matters involving India’s new and evolving competition enforcement regime, including assessments of notification requirements under the merger control provisions of the Competition Act, Covington lawyers frequently provide expert and specialized assistance to Indian companies regarding their business activities and investments outside of India.

Representative Matters

  • Provide antitrust and corporate counseling to major Chinese companies regarding their investments and business activities in the US, including China Investment Corp., and Tencent Holdings.
  • Assisted one of the world’s leading life sciences companies regarding a merger clearance matter at China’s Ministry of Commerce.
  • National counsel to Samsung Electronics in a multidistrict class action litigation in the US (In re TFT-LCD Litigation).
  • Represented a major Korean company in global cartel investigation by multiple government authorities. All of the investigations were closed without any action taken against our client.
  • Representing a prominent Asian airline in class action antitrust litigation.
  • Represented one of the largest providers of telecommunications services in Asia in a U.S. DOJ criminal cartel investigation. The government ultimately closed the investigation and took no action against our client.
  • Advised a prominent Chinese manufacturer of semiconductors regarding transactions.
  • Advised Microsoft in connection with the Chinese (as well as European, Brazilian, Russian, Serbian, and Ukrainian) merger clearances for its $8.5 billion acquisition of Skype.
  • Advised one of the world’s largest specialty chemicals companies regarding its manufacturing activities in China.
  • Counseled a leading fashion house in the complex restructuring of a global retail joint venture with its Chinese venture partners.
  • Advised a multi-national client on competition law issues regarding the establishment of a joint venture to provide financial services in China.

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Contacts

jgraubert@cov.com
202.662.5938

joconnell@cov.com
202.662.5991

wpark@cov.com
82.2.6281.0001

tstratford@cov.com
86.10.5910.0508