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O’Melveny’s Bush Quoted in Corporate Counsel on Political Influence and Leniency in China’s Antimonopoly Law

April 24, 2014 An April 24, 2014, Corporate Counsel article, titled “Who’s Afraid of China’s Trust Busters,” quotes O’Melveny & Myers partner Nathan Bush on the question of whether political influence has dictated the industries targeted by Chinese antitrust regulators, and about a leniency provision in China’s Antimonopoly Law that may incentivize companies to confess to antitrust violations quickly to prevent a deeper investigation.  Bush told the publication that similar provisions are common in other jurisdictions, but in China there is actually less assurance of lower penalties for coming forward, since the National Development and Reform Commission holds discretion in deciding any reduction in penalties.  "Without such guarantees, the risks of disclosing undetected cartel activity would be too great,” Bush said in the article.

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