Dr Ying Song

Ying Song

Lawyer biography

Practice Areas

Antitrust/Competition;M&A;Litigation & Arbitration;IT, Telecommunication and Mass Media
 

Working Experience

  • Partner, AnJie Law Firm
  • Associate, AnJie Law Firm
  • Associate, Grandall Law Firm (Beijing)

Education

  • University of Bonn, Ph.D. (Competition Law)
  • University of Bonn, LL.M (European Regulation of Network Industries)
  • China University of Political Science and Law, LL.B

Work Highlights 

Antitrust/Competition
Song Ying specializes in anti-monopoly and anti-unfair competition, and provides a wide range of services including concentration filing in MOFCOM, defense for the investigation on monopoly agreements (cartels) and abuse of dominance, private antitrust litigation, antitrust compliance and antitrust economic analysis.
 
• Providing legal service of concentration filings for American, German, Australian, Canadian, Japanese, Korean, Indian and Chinese enterprises in a broad range of sectors, including machinery, IT, mining, food, pharmacy, energy, financing, telecommunicating and etc;
 
• Conducting strategic analysis for transnational and state-owned enterprises with respect to Chinese governments’ policies towards cartels, concentration, abuse of dominant position and administrative monopoly;
 
• Defending enterprises against antitrust investigations commenced by antitrust enforcement agencies;
 
• Representing clients in antitrust private litigation;
 
• Compiling antitrust compliance brochures or antitrust guidelines for multinational and state-owned enterprises;
 
• Offering antitrust analysis on unfair competition behaviors for domestic clients from an economic perspective;
 
 
M&A
Song is exceptionally experienced in corporate M&A and her services cover equity acquisition, asset acquisition, leveraged buy-out, formal offer, M&A in the way of auctions. She provides legal counseling for enterprises’ preparation of transaction models, and for transaction financing and negotiating. She also assists clients in drafting documents for approval by relevant authorities.
 
 
Information Technology, Telecommunication and Mass Media
Providing legal services with respect to regulatory policies, concentration filings and etc for enterprises in telecommunication sector
 
 
Litigation & Arbitration
Representing clients in major, foreign-related litigations and arbitrations on various matters, such as, contractual disputes regarding international trade and imports & exports trade etc.

Updates

Competition & Antitrust

Chemical giant Eastman slapped with fine for abuse of market dominance
China | 30 May 2019

The Shanghai Market Regulation Bureau (SMRB) recently issued a penalty decision addressed to Eastman (China) Investment Management Co, Ltd, a Chinese subsidiary of US Chemical firm Eastman Chemical Company. Since this is the first antitrust enforcement decision to be issued by the SMRB since its establishment, it has drawn significant attention from commentators who have attempted to identify the bureau's enforcement approach.

National People's Congress revises Anti-unfair Competition Law to fight trade secret infringement
China | 09 May 2019

The National People's Congress recently passed and published revisions to the Anti-unfair Competition Law. The revisions focus primarily on trade secret infringement, as trade secrets are regarded as one of the core competitive advantages in today's business world. The main amendments include widening the definition of 'infringer', increasing penalties for infringement and alleviating the burden of proof for plaintiffs.

Chip industry merger filings: what you need to know
China | 11 April 2019

The refusal of the Chinese antitrust authority to green light the Qualcomm/NXP merger garnered significant attention and shone a spotlight on China's merger review practice, particularly with regard to the chip industry. This article provides an overview of Chinese merger control by examining the major chip industry mergers that the former Ministry of Commerce and the current State Administration for Market Regulation have approved with remedies to date.

A new era – 2018 Anti-monopoly Law enforcement highlights
China | 07 February 2019

China reached a number of Anti-monopoly Law enforcement and development milestones in 2018. For example, the newly established State Administration for Market Regulation completed the consolidation of the country's former government antitrust agencies and amended a number of Anti-monopoly Law regulations. Although this institutional reform took a significant amount of time, public enforcement remained active. In addition, there were a number of private antitrust enforcement developments.

SAMR revamps procedural penalty rules
China | 29 November 2018

The newly established State Administration for Market Regulation recently embarked on its first major overhaul of procedural rules by publishing the draft Interim Provisions on Administrative Penalty Procedures in Market Regulation and the related interim measures for public comment. Unsurprisingly, market observers and practitioners promptly examined the draft documents in an attempt to deduce any changes to the intended-to-be-repealed State Administration for Industry and Commerce rules.

Court examines refusal to deal in private antitrust litigation against Tencent
China | 18 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

The global influence of Chinese merger control
China | 04 October 2018

China's rise to prominence as an antitrust regime of major importance for companies engaging in global M&A activity has granted it considerable leverage to influence the landscape of the industries in which its domestic companies participate. However, recent events have raised the prospects for greater activism by the national regulators in determining whether a merger or acquisition should go ahead and, if so, on what conditions.

SAMR finalises long-awaited reform of its antitrust agency
China | 16 August 2018

The finalised three-pronged plan for consolidating China's antitrust agencies under the State Administration for Market Regulation was recently released. This initiative has been anticipated and speculated on since the central government's release of its structural reform plan in March 2018. According to the government's plan, the three-pronged plan should have been released in June 2018, but this was substantially delayed due to differences of opinion regarding the reform.

Shifting alliances under Chinese merger control regime
China | 17 May 2018

The Ministry of Commerce recently promulgated the Measures for the Review of Concentrations of Business Operators (revised draft) for consultation. However, the revised draft still lacks provisions on the shifting alliances concept. The relevant Anti-monopoly Law enforcement agencies should consider this concept in future, as acknowledging it at the legislative level will finally place China's antitrust system among those of the world's most advanced anti-monopoly jurisdictions.

Anti-monopoly Law enforcement against collective boycotts
China | 10 May 2018

The Anti-monopoly Law enforcement agencies are increasingly investigating and finding fault with collective boycotts among competitors. As the presumption of illegality for collective boycotts requires a high level of compliance, businesses should be aware that although an independent decision not to deal with distributors or suppliers may not raise Anti-monopoly Law concerns, an agreement with competitors not to do so could raise such concerns.

How will merger of antitrust enforcement agencies affect Anti-monopoly Law enforcement?
China | 19 April 2018

The State Council recently submitted a proposal to the National People's Congress concerning the council's institutional reform programme. The proposal has shed light on the plans to consolidate the antitrust enforcement powers of the three antitrust agencies under the State Administration for Market Supervision. Although the merger is significant in terms of institutional reorganisation, it will not fundamentally change Anti-monopoly Law enforcement activities in China.

NDRC hints at SEP pricing guidance to enhance Anti-monopoly Law compliance
China | 09 November 2017

At the recent China Competition Policy Forum, a Price Supervision and Anti-monopoly Bureau official commented on the potential enactment by the National Development and Reform Commission (NDRC) of regulations on standard-essential patent licensing practices. The NDRC's proposal aims to ensure greater consistency with the Anti-monopoly Law and develop a consistent approach to the enforcement of IP rights-related anti-competitive conduct.

Refusal to deal: a review of Yunnan Ying Ding v SINOPEC
China | 12 October 2017

Following the recent final judgment of the Yunnan Province Higher People's Court, the curtain has – for now – fallen on the Yunnan Ying Ding v SINOPEC refusal to deal case. This case is unique for several reasons. Among other things, it is reportedly the first antitrust dispute to involve the Chinese petroleum industry. In addition, it is the first case in which the plaintiff's claims have concerned refusal to purchase.

Rational approach to abuse of collective dominance in antitrust law
China | 28 September 2017

The National Development and Reform Commission recently penalised two Chinese pharmaceutical undertakings for alleged collective abuse in the isoniazid active pharmaceutical ingredient market. This was the first time that the Chinese enforcement authorities applied the rules of the Anti-monopoly Law to a case concerning collective abuse.

Decoding exposure draft of MOFCOM's amendments to antitrust review rules
China | 21 September 2017

The Ministry of Commerce (MOFCOM) recently released an exposure draft of the amendments to its Provisions on the Antitrust Review of Concentrations for public comment. The amendments aim to improve the functionality, comprehensiveness and quality of the provisions by incorporating MOFCOM's experience and its existing best practices. In general, this move to amend the provisions is praiseworthy. However, several issues will need to be resolved through the public consultation process.

Special evidential rules for antitrust-related civil litigation
China | 30 March 2017

The evidential rules that apply to litigation in certain jurisdictions, especially those regarding the allocation of the burden of proof, have a significant impact on the ultimate result of a case. Private antitrust litigation is often highly complex and thus puts the plaintiff at a disadvantage. However, since special evidential rules were introduced in 2012, the success rate of plaintiffs in private antitrust litigation has started to increase.

Courts consider Sinopec's refusal to deal as abuse of market dominance
China | 21 April 2016

In a noteworthy recent case, bioenergy manufacturer Yunnan Yingding claimed that Sinopec (a major state-owned oil company) and the Yunnan branch of Sinopec's trading company abused their dominant market position by refusing – for no justifiable reason – to incorporate the biodiesel produced by Yingding into Sinopec's distribution system. The case raises significant issues regarding application of the Anti-monopoly Law.

Antitrust agency fines insurers for co-insurance agreement
China | 24 March 2016

The Hubei Administration for Industry and Commerce has fined 12 insurers for concluding an illegal co-insurance agreement. The antitrust agency found their co-insurance agreement for construction project personal accident insurance to violate the Anti-monopoly Law prohibition against monopolistic agreements. The insurers were fined Rmb4.69 million in total.

Standard-essential patents and the limits of Anti-monopoly Law application
China | 10 March 2016

Standard-essential patents raise numerous issues in Chinese antitrust practice, including with regard to the application boundaries of the Anti-monopoly Law, the balance between public and private rights and the future direction of enforcement and judicial practice. Legal intervention regarding the conduct of a standard-essential patent owner must be undertaken carefully and should not deviate from the realities of the relevant markets.

MOFCOM clears Nokia's acquisition of Alcatel-Lucent with behavioural remedies
China | 17 December 2015

The Ministry of Commerce (MOFCOM) recently cleared Nokia Oyi's acquisition of Alcatel-Lucent with four behavioural remedies focusing on maintaining fair licensing of standard-essential patents. This case illustrates MOFCOM's new approach to evaluating the competitive effects of M&A deals involving the transfer of standard-essential patents.

Refusal to license intellectual property under antitrust regime
China | 17 September 2015

IP rights holders' refusal to license patents or copyrights to other undertakings under China's antitrust regime remains a perplexing issue, as it lies at the crossroads of IP law and antitrust law. The high-profile antitrust case of Huawei v IDC is seen as the model in dealing with IP antitrust matters; however, there are caveats in applying this decision to similar cases.

Private Anti-monopoly Law enforcement catching up with public counterpart
China | 18 December 2014

Public and private enforcement of competition law should be complementary mechanisms. However, until recently the trend in China skewed more in favour of public antitrust enforcement, which has progressed at a much more rapid pace than the private enforcement system. Since 2012 China has made a significant leap forward in the development of private Anti-monopoly Law enforcement.

Merck's acquisition of AZ Electronics: key observations
China | 26 June 2014

Following in the steps of the antitrust watchdogs of Germany, Japan, Taiwan and the United States, the Chinese Ministry of Commerce (MOFCOM) has conditionally cleared Merck's acquisition of AZ Electronics. Although MOFCOM's clearance notice looks relatively concise in comparison with the other notices issued in 2014 to date, several observations in this case are worthy of attention.

NDRC extends antitrust probe to Shanghai gold shops
China | 15 August 2013

A number of gold shops in Shanghai are undergoing close inspection by the National Development and Reform Commission (NDRC) in relation to retail price manipulation of gold through the Shanghai Gold Jewellery Industry Association. The accelerated pace of the NDRC's investigations, despite its limited personnel resources, has impressed those following the developments in China's growing antitrust enforcement regime.

Antitrust enforcement moves forward
China | 08 August 2013

Despite China's adoption of its first anti-monopoly law in 2008, state agencies conducted no major enforcement activities until recently. In 2012 the authorities finally commenced investigations of price cartels in the liquid crystal display industry, which has led to investigations of pharmaceutical and food packaging companies. Corporations in various industries are now waiting to see which sectors will be the target of future investigations.

MOFCOM improves rule-making process for merger control review
China | 06 June 2013

The Ministry of Commerce (MOFCOM) recently published two sets of draft merger control rules – one governing the imposition of restrictive conditions and the other outlining a procedure for dealing with simple cases. These positive steps demonstrate MOFCOM's continued efforts to accelerate the rule-making process and improve the efficiency and transparency of the merger control review procedure.

MOFCOM conditionally approves Marubeni's acquisition of Gavilon
China | 16 May 2013

The Ministry of Commerce (MOFCOM) recently announced its conditional approval of Marubeni Corporation's acquisition of Gavilon Holdings. Given Marubeni's advantage in China's soybean import market and Gavilon's influence in the North American soybean market, MOFCOM initially held that the proposed deal could lead to Marubeni's enhanced control over China's soybean import market and thus restrict competition.

Last hurdle cleared: MOFCOM approves Glencore/Xstrata merger
China | 09 May 2013

The Ministry of Commerce (MOFCOM) recently gave the green light to the Glencore/Xstrata deal, which will be the largest merger in mining history. The approval has been awaited for more than a year. MOFCOM issued the approval with certain restrictive conditions on the deal, following the practice of merger review agencies in other relevant jurisdictions.

Tencent defeats Qihoo 360 in first instant messaging antitrust case
China | 11 April 2013

The simmering war between two large Chinese internet companies has culminated in Qihoo 360 losing the first-ever antitrust litigation involving instant messaging services. The court held that Tencent did not commit an abuse of dominance as defined in the Anti-monopoly Law. The case shows that henceforth, Chinese courts will challenge monopoly behaviours with more muscle.

The rumours are true: antitrust watchdog imposes record penalties on luxury liquors
China | 14 March 2013

Less than two months after a breakthrough cartel case resulting in record fines, the Chinese price monopoly watchdog has levied another harsh punishment against two luxury Chinese liquor producers. This case reaffirms that companies operating in China should prudently review their distribution policies in particular and antitrust compliance in general in order to avoid antitrust risks.

Hunan AIC fines auto insurance monopoly Rmb1.7 million
China | 07 March 2013

At the end of 2011 the Hunan Province Administration for Industry and Commerce (AIC) received multiple reports concerning monopoly agreements and the elimination of competition on a new auto insurance market operated by the New Auto Centre. Following an investigation, the AIC has imposed a penalty of Rmb1.7 million on some of the involved parties.

Price Law or Anti-monopoly Law: NDRC's antitrust enforcement
China | 07 February 2013

The National Development and Reform Commission (NDRC), one of the main anti-monopoly regulatory authorities in China, recently imposed its highest-ever fines on six liquid crystal display panel manufacturers found guilty of price collusion under the Price Law. The case provides particular insight on when and how the NDRC exercises its discretion to apply either the Price Law or the Anti-monopoly Law to investigations.

Insurance

Antitrust agency fines insurers for co-insurance agreement
China | 29 March 2016

The Hubei Administration for Industry and Commerce has fined 12 insurers for concluding an illegal co-insurance agreement. The antitrust agency found their co-insurance agreement for construction project personal accident insurance to violate the Anti-monopoly Law prohibition against monopolistic agreements. The insurers were fined Rmb4.69 million in total.

Hunan AIC fines auto insurance monopoly Rmb1.7 million
China | 05 March 2013

At the end of 2011 the Hunan Province Administration for Industry and Commerce (AIC) received multiple reports concerning monopoly agreements and the elimination of competition on a new auto insurance market operated by the New Auto Centre. Following an investigation, the AIC has imposed a penalty of Rmb1.7 million on some of the involved parties.

Litigation

Blockchain evidence accepted in judicial proceedings for first time
China | 27 November 2018

The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.

Court examines refusal to deal in private antitrust litigation against Tencent
China | 23 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

Tech, Data, Telecoms & Media

Internet watchdog issues first measures to regulate blockchain services
China | 30 November 2018

Blockchain technology is becoming increasingly prominent in Chinese judicial proceedings. However, the government's growing concerns about certain aspects of blockchain have triggered a number of regulatory responses. For example, the Cyberspace Administration of China recently released draft provisions, which are intended to govern all entities that provide blockchain-based information services in China and are the first step towards regulating this technology at the government level.

Blockchain evidence accepted in judicial proceedings for first time
China | 23 November 2018

The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.

SEP licensing in China's IoT industry
China | 09 October 2018

China's ambitious agenda in the Internet of Things (IoT) industry encourages companies to develop and adopt their own technological standards. This standardisation is necessary to integrate the varying equipment, software and service applications of a digital IoT ecosystem into multiple technologies across the value chain. Despite the expectation of free licensing schemes for service level technology, such integration necessarily draws on a multitude of patents, including standard-essential patents.

Compliance challenges facing internet undertakings
China | 24 April 2018

Following a media report that certain mobile phone application software was infringing user privacy, the Ministry of Industry and Information Technology organised talks with three internet companies. The ministry pointed out that the companies had collected and used users' personal information without fully disclosing the purpose of its use. The companies must now conduct rectifications to fully protect users' rights to be informed.