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O’Melveny’s Bush Authors China Law & Practice Article on NDRC's Antitrust Enforcement

January 16, 2014

An article by O’Melveny & Myers partner Nate Bush appears in the January/February 2014 issue of China Law & Practice.  The piece, titled “The NDRC’s Antitrust Ascendance,” discusses the National Development and Reform Commission’s (NDRC) notably intensified enforcement of the Anti-monopoly Law (AML), reviving the debate surrounding optimal structure, substance, and goals of Chinese antitrust.  As the article reports, the crackdown has also spurred appeals for greater transparency in AML enforcement.

“Without more detailed public explanations of the specific factual findings and legal reasoning behind enforcement decisions, it is difficult to decipher the boundaries of lawful competition in China and to refute suspicions that politics or industrial policy might impact enforcement decisions,” Bush argues, concluding that increased transparency would fortify the NDRC’s credibility and authority as a leading competition regulator.

Bush is a member of O’Melveny’s Antitrust and Competition Practice and resides in the Firm’s Singapore office.