Ms Stephanie Wu Yuanyuan

Stephanie Wu Yuanyuan

Lawyer biography

Education

  • LL.M. in Competition Law, King’s College London
  • Juris Master; East China University of Political Science & Law School of Law
  • B.A. in English; Shanghai International Studies University

Practices

Stephanie Wu is a partner of AnJie Law Firm’s Shanghai Office.  Stephanie specializes in antitrust and competition law, and advises on all aspects and phases of anti-monopoly law, including compliance, investigations, merger notification, antitrust private litigation, and fair competition review.

Stephanie has extensive experience in advising both multi-nationals and Chinese companies on anti-monopoly law issues pertaining to the compliance of companies’ daily operations and business practices in China, in particular issues relating to supply and distribution, horizontal cooperation, information exchange, sales and marketing, after-sales, etc.  Stephanie has also advised clients on the formation of tailor-made anti-monopoly law compliance systems, the formulation of responses to investigations and complaints, as well as provided trainings and performed internal audits for clients.  The clients Stephanie has advised range from those involved in medical devices, chemicals, and pharmaceuticals to electronics, motor vehicles, and aviation.

The recent antitrust advice and compliance programs Stephanie has been involved with include:

  • Advising a US Fortune 500 company in the chemicals sector on the compliance of their client management system and relationship with distributors;
  • Designing the anti-monopoly law compliance system for a leading European motor vehicle manufacturer and formulating their compliance manuals;
  • Conducting internal audits and providing trainings for a Japanese medical device company which involved their subsidiaries throughout China;
  • Advising a Chinese airline company on their horizontal cooperation with competitors;
  • Providing training for the sales team of a Chinese pharmaceutical company;
  • Designing the compliance system and formulating the compliance manual for a leading aerospace manufacturer;
  • Advising two Japanese steel distributors on the notification of concentration of undertakings;
  • Advising an American manufacturing company on the compliance of its participation in the activities of industry associations and the formulating of its employee’s compliance manual;
  • Advising a Japanese company in the finance sector on the notification of concentration of undertakings;
  • Advising a foreign manufacturing company on anti-monopoly investigations;
  • Advising a multi-national medical company on the compliance of its commercialization agreements with the anti-monopoly law;
  • Advising a multi-national chemical firm (US) on horizontal cooperation with a competitor.

Publications

  • Stephanie is Commissioner of the Competition and Antitrust Commission of the Shanghai Bar Association and has authored many articles relating to antitrust/competition law, including:
  • The Asia-Pacific Antitrust Review 2018 - China: Overview, Global Competition Review, 2018;
  • Key Compliance Issues for Firms Participating in Activities of Trade Associations, LexisNexis, 2017;
  • Excessive Pricing in Pharma and Key Compliance Issues, LexisNexis, 2017;
  • Key Compliance Issues in Pay-for-delay Arrangements in the Competition between Branded Medicine and Generics, LexisNexis, 2017;
  • Several Highlights of the "Guidelines on Price-Related Conducts of Undertakings Concerning Drugs in Shortage and API (Draft for Comments)”, Client Alert, 2017;
  • Two Pharmaceutical Firms Fined for Excessive Pricing and Refusal to Deal by NDRC, Client Alert, 2017;
  • Recidivist Industry Association Revoked of Its License by NDRC in the Paper-Making Cartel Case, Client Alert, 2017;
  • NDRC Beijing Fines Property Management Assessment and Supervision Industry Association and Its 48 Member Companies for Price Fixing, Client Alert, 2017;
  • China Publishes the 2nd Version of the Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights (Draft for Comments), Competition Policy International, 2017;
  • NDRC Targets Concerted Practice in Pharma, CompLawBlog, 2016;
  • New Kid on the Block: Guidelines on the General Conditions and Procedures for Exemptions of Restrictive Agreements (Draft for Comments), Client Alert, 2017;
  • Vertical Price-Fixing Agreements: How Far Can They Go? Shanghai Bar Association, 2014;
  • Fast-Track Merger Review Launched by MOFCOM, Client Alert, 2014.

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.

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.

Litigation

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.

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.