1. Merger review and declaration

In accordance with the related provisions of Antimonopoly Law and other laws and regulations, when business operators are merged and obtain the control power of other operators by acquiring their equity or assets, or obtain the control power through contract or impose significant impact on other operators, the operators who meet certain standards should apply for centralized declaration of operators to the Antimonopoly Authority of the State Council; those who should declare to carry out transactions but not declare may face investigation and punishment from the competent authority.

Our lawyer team can provide advisory opinions on the upcoming mergers and acquisitions, new joint ventures, and collaborations of the client company, conduct a compliance review on whether the transaction violates the mandatory provisions of the Antimonopoly Law and whether it should be submitted to the operator for concentration declaration, and then review and revise the transaction documents to eliminate compliance risks arising from such transaction.

Hiways’s lawyers have ever represented multinational enterprises and listed companies to apply for centralized registration and declaration with administrative authorities, and negotiate with competent authorities. At the same time, Hiways can also provide merger declaration services and other legal services required by local laws in cross-border mergers and overseas investments.

2. Internal investigation and compliance

Hiways’s lawyers can not only represent enterprises to carry out special due diligence, sort out the business model, business contracts and transaction risks etc., issue written report and legal opinions, but also assist the enterprises to analyze problems about compliance processes, and eliminate a series of risks such as monopoly agreements, abuse of market dominance, commercial bribery, false advertising and intellectual property infringement.

What’s more, we can customize a compliance risk control system for internal control risks such as antimonopoly and anti-unfair competition faced by enterprises. Additionally, we can also assist multinational enterprises and listed companies to establish their compliance management system that meets the international standard, clearly define the compliance leader and responsibilities through a detailed compliance plan, implement risk prevention measures and guide relevant personnel to make compliance commitments.

3. Administrative investigation response

Hiways has been paying long-term attention to and studying the law enforcement of law enforcement agencies such as the State Administration for Market Regulation and Antimonopoly Bureau. Combined with our relevant experience, we can assist the listed companies, multinational corporations, industry associations and other enterprises and institutions to develop emergency plans, actively respond to the administrative investigation in the first time, apply for leniency policies, fulfill their commitments and eliminate monopoly or unfair competition, so as to decrease the amount of penalty or terminate the investigation.

4. Antimonopoly and anti-unfair competition litigation

Many enterprises are facing different kinds of litigation risks from their competitors, distributors or consumers, for instance, abuse of market dominance and corresponding civil damages compensation, infringement of business secrets, fixed resale price, restricted transactions and other antimonopoly and anti-unfair competition Litigations. Due to a great deal of experience in the field of dispute resolution, the antimonopoly team of Hiways can provide clients with practical professional support in litigation by cooperating with dispute resolution team and other lawyer teams in our branches.

Currently, Hiways has already established cooperation with law firms in Washington DC, Seattle, London, Tokyo, Manila, Hong Kong, Taiwan and other regions, so we can provide specialized legal services for overseas litigation of Chinese enterprises.

Business scope

• Merger review and declaration

• Internal investigation and compliance

• Administrative investigation response

• Antimonopoly and anti-unfair competition litigation