• Nathan Bush
      Yin Tai Centre, Office Tower, 37th Floor
      No. 2 Jianguomenwai Ave.
      Chao Yang District
      Beijing, 100022
      Phone: +86-10-6563-4207
      Fax: +86-10-6563-4201
PROFESSIONALS

  • Advanced Micro Devices, Inc.
    Chemtura Corporation
    ExxonMobil Corporation
    Honeywell International Inc.
    Hynix Semiconductor, Inc.
    International Game Technology
    Mitsui Chemicals, Inc.
    Quest Diagnostics Incorporated
    SanDisk Corporation
    Symantec Corporation
    Univision Communications Inc.
    Verizon Communications
    Western Digital Corporation

Asia Antitrust and Competition

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 (2010) continues to rank O'Melveny among the top international law firms for competition and antitrust in China, stating that our practice encompasses merger notifications to the Ministry of Commerce, strategic counselling on compliance and enforcement risks, IP licensing practices, participation in trade associations, vulnerability to abuse of dominance conduct claims, and unfair trade practice regulations and price-fixing investigations.
    • 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 arena worldwide:
    • O'Melveny won "Competition Team of the Year" at The Lawyer Awards (2010). O'Melveny's team won the prestigious award on the basis of its tremendously successful work for Advanced Micro Devices in the Intel case. In awarding O'Melveny, The Lawyer wrote, "Working on one of the biggest competition cases of the year was always going to be a feather in the cap for O'Melveny & Myers, but winning it against the odds and securing a record-breaking fine in the process shows what a remarkable job the team pulled off." One judge said the case "has the feel of a David taking on not one but two Goliaths - Intel and the European Commission."
    • Global Competition Review's 2010 edition of GCR 100―its guide to the world’s leading competition practices―lists O’Melveny’s DC practice in its “Elite” section, commenting that the “strength of the firm’s antitrust team wins praise from rivals,” and lists our California antitrust practice in its “Highly Recommended” category, stating that O’Melveny “boasts one of California’s strongest antitrust practices.” GCR also highlights O’Melveny’s Brussels practice in its annual "Brussels Competition Bar Survey" in the August/September 2009 issue. In GCR’s 2009 edition of GCR 100, O’Melveny was listed in the “Global Elite” section―GCR’s list of the top 20 antitrust firms worldwide.
    • O’Melveny’s Antitrust and Competition practice was shortlisted for Chambers USA Awards for Excellence in antitrust for 2010. In addition, practice co-chair Richard Parker was a finalist for the Award for Excellence in Antitrust in 2009.
    • Chambers Global (2010) commends our global practice, stating that our team “is widely respected for its involvement in many significant competition and antitrust cases,” and has “well-established relationship with enviable clients from a variety of sectors.”
    • Chambers USA (2010) ranks O’Melveny’s antitrust practice as among the leading practices in California, DC, and Nationwide. Chambers says that “This excellent antitrust group is particularly noted for its expertise in criminal antitrust matters.” Sources are quoted as stating “They are antitrust gods – they have forgotten more than most of us will ever know;” “[O’Melveny] understands the complexity of a case and always assigns the right attorneys;” and “A solid bench of attorneys with deep insight into the agencies and the full range of expertise in merger clearance and litigation.”
    • Chambers Europe (2009) states that our Brussels office “has the strength and resources to advise clients on big-ticket international mergers and other multi-jurisdictional competition proceedings.” Sources are cited as saying, “The service is brilliant – it’s rigorous but practical.”
    • Competition Law360 named O'Melveny as one of six elite "Competition Firms of the Year" in 2009.
    • Our Washington, DC practice was chosen as Corporate Intl Magazine’s 2009/10 US Legal Awards’ “Best Law Firm in Washington DC for Antitrust Work 2009/10.”
    • Legal 500 USA (2010) says that our “strong and growing reputation in the market is richly deserved as a result of a series of high-profile mandates and impressive bi-coastal coverage,” and that we have “a growing presence for litigation and merger clearance work.”
    • Legal 500 EMEA (2010) states that O’Melveny’s Brussels team provides “an ability to deliver on-the-spot advice and an understanding of the commercial context.”

Practice Strengths

  • Abuse of Dominance/Unilateral Conduct Claims
  • Compliance and Enforcement Risks
  • Distribution and IP Licensing Practices
  • Merger Notifications
  • Price-Fixing Investigations
  • Regulatory Proceedings and Litigation
  • Trade Association Participation
  • Unfair Trade Practice Regulations

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