中国法律博客
ChinaLegalBlog.com
PRC AML – Sound & Fury, Signifying Nothing (yet)
媒体来源: 中国法律博客

Yes, I'm aware of all the breathless press reports on the looming Anti-monopoly Law. I've read several articles, including this one from the FT.

Why no blogging? Essentially, there is nothing to blog about here. The law was passed some time ago, we have no implementing regulations (i.e. no regulatory guidance), and obviously we have no cases yet to ponder over and try to determine what position the government will take.

The press accounts are fun but quite free of any substance. I have noticed the explosion of comments by my learned colleagues at international firms, many of whom have no idea what they are talking about. Everyone is using the new law as a way to drum up business. I have no problem with that marketing strategy — that's one of the things that lawyers do to stay in business, and I've done it myself on numerous occasions. Keep in mind, however, that while it is possible that the new law will have some dramatic effects on industry in the PRC, it's also possible that some of the commentators you are listening to are just trying to make a buck.

Personally, I don't do a great deal of M&A work these days, but I am concerned with the IP/licensing side of the new law. Again, no regulations or other guidance yet, so I'm not spending time wringing my hands over this unless something happens. Until then, and with the minor exception of this post, silence.

To paraphrase a great philosopher: I choose not to blog.

[Not everyone can use both Shakespeare and Seinfeld in a post about competition law. This is one of the reasons my readership has risen dramatically from two to eleven people (or bots) in the past 18 months alone.]