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.
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