Search Publication

Vol 6 (2008) - Issue 1

Ten things you should know about China’s new antitrust law

Steve Yu & Peter Corne, Eversheds LLP Shanghai

On August 30, 2007, China’s National People’s Congress adopted the Anti-Monopoly Law (“AML”), the first ever comprehensive competition law in the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived. What are the essential of China’s emerging antitrust legal regime? What follows are the ten key things that you should know about this area.

Ireland – Termination of master franchise agreements

Emma Keavney, Mason Hayes + Curran, Dublin

There are a number of legal complications with the “master franchise” model under Irish law. These arise principally where the master franchise agreement is terminated and stem from the lack of contractual privity between the master franchisor and sub-franchisees. Though there have been very few instances of termination of master franchise agreements in Ireland, it is important that any such agreement adequately deals with the termination of the franchise relationship, particularly as regards protecting the franchisor’s intellectual property and limiting post-termination competition by the master franchisee and sub-franchisees.

Competition law in India

Preeti Mehta, Messrs Kanga & Co, Mumbai, India

This article provides an overview of antitrust regulation in India following recent amendments to the Competition Act 2002 and, in particular, analyses the application of provisions regarding restrictive trade practices to franchising agreements.