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China’s Anti-Monopoly Law and National Security Review Mechanisms for foreign investments

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April 10, 2012 12:45pm - 2:00pm

Room 280A
After 13 years on the drawing board, China’s Anti-Monopoly Law was passed by the Standing Committee of the National People's Congress (NPC) in late 2008. Article 31 of the AML provides for national security review of foreign M&A transactions. The passage of these laws lead to a great deal of concern in the business world. Several years in, where these concerns justified? What is the state of Anti-Monopoly Law enforcement in China, and what implications does this have for continued U.S. investment in China? Yabo Lin is a partner in Sidley’s Palo Alto office. Mr. Lin regularly counsels clients on general corporate, procurement, licensing, compliance, mergers and acquisitions, securities placement, and venture capital transactions. Within the last three years, Mr. Lin has served as the lead counsel in two tender offers totaling $600 million, two private placements totaling $800 million, and three Luxembourg Stock Exchange listing transactions. He was also a lead counsel in the $700 million acquisition (and later divestiture) of equity interest in a leading publicly-held provider of telecom infrastructure services. Mr. Lin was one of the key lawyers representing a Fortune 100 company on its major acquisitions and divestitures in the U.S., Canada, the U.K., Australia and New Zealand. In addition, he was the lead corporate counsel representing an energy client in negotiating with Enron to resolve, to the client’s satisfaction, disputes over complex energy derivative trading contracts involving hundreds of millions of dollars in 2002. Born and raised in China, Mr. Lin was a licensed attorney in China before coming to the U.S. Among his numerous China-related projects, Mr. Lin assists U.S. companies in the private equity, venture capital, securities, investment banking, high tech, renewable energy, and manufacturing sectors, including two major venture capital funds and the world’s largest rolled aluminum maker. He counsels global companies in matters involving their acquisitions, investment, regulatory licensing, joint ventures, operations, intellectual property protection, risk management, compliance, and cross-border disputes in China. He also represents Chinese clients on their outbound investment and capital market transactions in the U.S. and Canada.