Antitrust and Competition

We bring value to our clients in the following ways:

• Cross-border coordination. We provide coordinated advice across borders that includes assisting clients with antitrust enforcement issues, merger clearances and multi-jurisdictional investigations. Such matters require an understanding of transnational law and regulation, as well as local law and tradition. Our cross-border capabilities extend to the strong international coordination we possess with local authorities in numerous jurisdictions around the world.
• Deep government experience. Our team includes lawyers who have served as: Chairman of the Federal Trade Commission, Commissioner of the Federal Trade Commission, General Counsel of the Federal Trade Commission, Director of the Federal Trade Commission’s Bureau of Consumer Protection, Director of the Federal Trade Commission’s Bureau of Competition, trial lawyers for the Federal Trade Commission and the Antitrust Division of the United States Department of Justice and a lawyer in the State Administration for Market Regulation (SAMR). They provide an insider’s perspective regarding key government policies that impact antitrust matters. 
• Economic perspective. We have a team of Ph.D.-trained economists who work with our antitrust lawyers to provide clients with economic analysis and empirical insight on sophisticated legal and policy matters. 
• Integrated services. We collaborate with colleagues in Sidley’s white collar and government investigations, M&A and intellectual property practices to provide seamless advice on complex legal and business issues.

Sidley’s antitrust team in China helps clients obtain merger clearance approvals in high-profile, complex M&A and joint venture projects from the P.R.C. Ministry of Commerce (MOFCOM).

Our antitrust team has the ability to help clients structure deals to minimize their legal risks, prepare merger clearance filings, communicate with MOFCOM and negotiate with MOFCOM. Sidley’s antitrust team has handled both M&A and joint venture projects in China, as well as cross-border matters subject to Chinese merger clearance requirements under the AML.

Sidley’s clients also consult our antitrust team in China on antitrust compliance in relation to a wide range of commercial activities in China, particularly pricing strategies, distribution arrangements and sales and promotion (including co-promotion) agreements. Our antitrust team has also advised clients on establishing internal control systems to mitigate antitrust exposures in commercial arrangements with other companies, and preparing response plans to inquiries or investigations of AML enforcement agencies.

Sidley’s antitrust practice in China has greatly benefited from its close working relationship with AML regulatory authorities in China, particularly MOFCOM. Of particular note, Sidley has represented MOFCOM in the first-ever U.S. federal antitrust litigation against Chinese companies. Our close working relationship with the authorities has ensured that our antitrust advice is consistent with the most up-to-date and authoritative interpretations of the AML and relevant regulations.

Coupled with our extensive regulatory knowledge in the key industries in China, our antitrust advice is valued by our clients for its practicality and adherence to industry practices.