The rules of competing in Asia are changing drastically — new laws are taking effect or under debate in China, Singapore, Hong Kong and India, while the established competition authorities of Japan, Korea, and Taiwan progressively implement new procedures and practices. Even as Asian regulators embrace prevailing international principles and techniques, each jurisdiction remains distinct. Moreover, the possibility that conduct in Asia may trigger administrative inquiries, private litigation, or criminal investigations in the United States, Europe, or elsewhere is on the rise.
O’Melveny’s global Antitrust and Competition practice offers seamless worldwide counseling on antitrust and competition matters for multinational clients. At any given moment, our experienced practitioners are shepherding mergers through global clearance processes, designing antitrust-compliant licensing or distribution agreements, representing clients in precedent-setting price-fixing and monopolization cases, and vindicating our clients’ interests in litigation.
O’Melveny is at the forefront of international law firms with dedicated competition specialists on the ground in Asia engaged in policy advocacy, dialogue with authorities, internal investigations, litigation, and compliance counseling. Our Asia competition team advises multinationals navigating the region’s evolving antitrust regimes and guides Asian companies in complying with foreign antitrust laws as they expand overseas.
Recent projects of the Asia competition team include:
- Developing a global antitrust compliance program for a prominent Chinese state-owned enterprise in a highly regulated industry, tailoring the policy to comply with the general antitrust rules and sector-specific regulations applicable in the United States, Japan, the European Union member states, China, and other jurisdictions
- Conducting an internal investigation for an Asian technology company of allegations of collusion by senior executives with competitors
- Advising a multinational company on compliance risks arising from participation by representatives of a subsidiary in a Chinese trade association and responding to potentially anticompetitive conduct by trade association members
From merger notifications to Asian authorities to strategic counseling on compliance and enforcement risks to advocacy in regulatory proceedings and litigation to supporting O’Melveny teams in antitrust-related matters arising in other jurisdictions, O’Melveny’s Asia Antitrust and Competition practice is uniquely situated to handle the challenges faced by multinational businesses active in Asia.
Key Facts
- Offices in Beijing, Shanghai, Hong Kong, Tokyo, and Singapore position O’Melveny to handle competition matters throughout the region.
- Our China antitrust team includes Chinese and foreign legal professionals who have practiced antitrust law in the United States, completed doctoral studies of competition policy in Japan and Europe, served in the Chinese Ministry of Commerce, and counseled clients on regulatory matters in the region for many years. This robust and diverse team provides the depth and expertise to tackle challenging matters.
- Our Japan antitrust team includes seasoned competition and intellectual property specialists. Our team in Japan submitted the first application under the Japan Fair Trade Commission’s leniency system within three months of its introduction.
- Our Asia antitrust lawyers frequently publish and speak on Asian competition law and policy. Their work can be found in publications such as The ABA Antitrust Source, Antitrust Bulletin, China Business Review, and The Recorder.
What Others Say About Us
- O’Melveny is recognized as a pioneer in the Asia antitrust field.
- Chambers Asia 2009 ranks O’Melveny in the top tier of international law firms in Chinese competition and antitrust. “The firm can rightly claim to be at the forefront of competition law in China, and had an experienced competition and trade specialist on the ground before many of its rivals. Peers agree: 'O’Melveny is actively promoting this sector, is very visible at many of the seminars, and is building up quite a platform.'”
- Chambers Asia 2009 ranks one of our lawyers in the top tier of attorneys in international law firms in the Chinese competition and antitrust field.
- Our lawyers are recognized as leaders in the antitrust and competition arenas:
- Chambers Global (2009) recommends our global Antitrust and Competition practice, stating that O’Melveny “is the global quarterback – it is prominent around the world, from Beijing to Brussels.” Our work with international cartels is also highlighted.
- Global Competition Review’s “Who’s Who Legal 70” (2008) considers us one of the world’s 70 leading law firms and notes that our competition practice is “among the largest and most respected anywhere.”
- At the Legal Business Awards 2008, we received “Competition Team of the Year” honors for our representation of TUI AG in its acquisition of First Choice Holidays PLC, forming the leading travel group worldwide.
- The International Who’s Who of Business Lawyers recognizes five of our lawyers as foremost practitioners in competition law (2008).
Practice Strengths
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Abuse of Dominance/Unilateral Conduct Claims
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Compliance and Enforcement Risks
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Distribution and IP Licensing Practices
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Merger Notifications
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Price-Fixing Investigations
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Regulatory Proceedings and Litigation
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Trade Association Participation
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Unfair Trade Practice Regulations