Legal Talk | 解读中国反垄断法2022修订版

Experience

Frances has extensive experience advising clients on all aspects of Chinese competition law, and offer clients advice drawn from her rich experience as both a regulator and as a practitioner.

She advises across a broad range of industry sectors, including energy, TMT, automobiles, luxury products, pharmaceuticals, essential facilities and public utilities.

Prior to joining the firm, Frances worked for the Competition and Consumer Policy Branch under the United Nations as an official. She also served the Price Supervision and Anti-monopoly Bureau under the National Development and Reform Commission (now consolidated in the State Administration for Market Regulation) as a senior consultant.

Frances works closely with Chinese antitrust authorities. She was the main drafter of the Guidelines on General Conditions and Procedures for the Exemption of Monopoly Agreements of the Antimonopoly Commission of the State Council (Draft for Comment). She also contributed to the drafting of the Opinions on Establishing a Fair Competition Review System in the Development of the Market Regimes. In addition, Chinese antitrust authorities have invited her to provide expert advice on anti-competitive conduct in a number of investigations.

Frances obtained her doctor’s degree in competition law from the East China University of Political Science and Law and her master’s degree in international business law from the National University of Singapore. Admitted to practise law in China, she is fluent in English and Chinese.

Selected credentials

• Appointed by the State Administration for Industry and Commerce (now consolidated in the State Administration for Market Regulation) to carry out a thorough competition market inquiry into the Chinese grid market and draft the market inquiry report to set the focus of investigation against grid companies.
• Appointed by Zhejiang Administration for Market Regulation to carry out fair competition review.
• Appointed by Shanghai Administration for Market Regulation to carry out fair competition review.
• A state-owned central enterprise, on the investigation focusing on bid-rigging, preparing legal opinion and proposed remedies.
• A leading terminal operator, on its defense against a hard-core cartel investigation, including advising on mitigation strategies in relation to penalties.
• A multinational cable manufacturing company, on its defense in a damages action in China following a cartel decision of the European Commission.
• A leading British animal genetics company, on advising ongoing PRC competition law advice in relation to its strategic collaboration with a state-owned enterprise in relation to porcine genetics.
• A US automaker on conducting antitrust external audit.
• A global chemical manufacturer on potential PRC competition law issues arising from a number of different contractual arrangements.
• A leading Chinese internet company on the establishment of antitrust investigation protocols.

Roles

• Competition enforcement expert appointed by Beijing Administration for Market Regulation
• Competition enforcement expert appointed by Shanghai Administration for Market Regulation
• Deputy director of the Competition and Antitrust Committee of Shanghai Bar Association
• Member of the Competition Law Commission of Shanghai Law Society

Howard is a Senior Associate in Herbert Smith Freehills’ competition team based in Hong Kong, with experience across the full spectrum of competition law issues including anticompetitive agreements, abuse of dominance and merger control.

Prior to joining the team in Hong Kong, Howard worked in the Herbert Smith Freehills competition team in London, and has a deep understanding of the competition law regimes in the EU, the UK and across Asia (including Hong Kong, Mainland China, and Southeast Asian jurisdictions), as well as other regimes around the world.

He has worked for clients across many different industries, with a particular focus on the energy and infrastructure, banking, TMT and consumer goods sectors.

Howard studied law at the University of Warwick before obtaining an LLM in International Commercial Law at University College London. He then obtained his PCLL qualification at the University of Hong Kong before commencing his training at Herbert Smith Freehills. Howard has also completed the King’s College London Post-Graduate Diploma Course in EU Competition Law.

Selected Credentials:

• Google on various matters including in relation to competition compliance in Asia, and on its robotics joint venture with Johnson & Johnson, requiring multiple filings in EU, China and Korea
• A software company on an investigation by the Shanghai regional administration for Market Regulation in to alleged abusive practices including excessive pricing
• A major telecommunications company on their complaint to the regulator in relation to a merger of competitors in Southeast Asia
• An automotive distributor on an investigation by the Hong Kong Competition Commission into alleged anti-competitive agreements relating to warranty terms
• A global hotel operator on a multi-jurisdictional competition law compliance audit of various internal business practices, including pricing management and joint procurement
• A global heavy machinery manufacturer on competition law compliance and internal protocols in relation to dealings with its joint venture partner
• A Chinese state-owned infrastructure company on an acquisition of an international competitor, requiring multiple filings in Spain, Namibia, Angola, Ecuador, and Costa Rica

Jasmine is the Legal Director, China for the Weir Group and is based in Shanghai. She is responsible for legal, compliance and regulatory matters for the group in China. Among her various responsibilities, Jasmine is responsible for advising the business across different divisions on IP protection/enforcement, employment, litigation and government policies issues. She is also an active speaker for legal-related seminars on compliance and employment law related issues. Before joining the Weir Group, she has worked for a leading global law firm for about 10 years with strong corporate/M&A and employment law background.