China Antitrust Review 2015 - January 19, 2016

Davis Polk & Wardwell

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IV. Conclusion In 2014, China diverged significantly from Western antitrust enforcement norms in several key enforcement decisions. This divergence appeared to decline in 2015 with some enforcement activity in China that is more aligned with Western enforcement (as in NXP/Freescale) and others that appeared to link antitrust enforcement with explicit concerns about Chinese national economic development (as in Nokia/Alcatel and the Qualcomm investigation). In this connection, it is notable that China’s enforcement has focused specifically upon technology companies and how their licensing practices may impede Chinese manufacturers and other licensees doing business in China. In this sense, even if overall merger enforcement rates fell in China in the past year, there still remains a larger question regarding the degree to which Chinese antitrust enforcement will reflect ongoing concerns about domestic development within China. If you have any questions regarding the matters covered in this publication, please contact any of the lawyers listed below or your regular Davis Polk contact. Arthur J.

Burke 212 450 4352 arthur.burke@davispolk.com Joel M. Cohen 212 450 4592 joel.cohen@davispolk.com Arthur F. Golden 212 450 4388 arthur.golden@davispolk.com Ronan P.

Harty 212 450 4870 ronan.harty@davispolk.com Christopher B. Hockett 650 752 2009 chris.hockett@davispolk.com Jon Leibowitz 202 962 7050 jon.leibowitz@davispolk.com Mary K. Marks 212 450 4016 mary.marks@davispolk.com Miranda So +852 2533 3373 miranda.so@davispolk.com Michael N.

Sohn 202 962 7145 michael.sohn@davispolk.com Howard Zhang +86 10 8567 5002 howard.zhang@davispolk.com © 2016 Davis Polk & Wardwell LLP | 450 Lexington Avenue | New York, NY 10017 This communication, which we believe may be of interest to our clients and friends of the firm, is for general information only. It is not a full analysis of the matters presented and should not be relied upon as legal advice. This may be considered attorney advertising in some jurisdictions.

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