Anti-Trust/Anti-Monopoly

Pamir Law Group has advised clients in Antitrust and Fair Trade Issues in the course of cross-border mergers and acquisitions transactions, international cartel investigations and even day-to-day business operations that may unwittingly trigger such issues.

We provide the following services:

Pre-Merger Notifications for M&A Transactions

In Taiwan:

  • Analyze legal requirements for pre-merger filings or approvals from Taiwan’s Fair Trade Commission or other relevant governmental agency in Taiwan.
  • Prepare filings for submission along with required supplemental documentation.
  • Prepare responses to objections and requests for additional information from regulatory bodies.

In China:

  • Analyze legal requirements for pre-merger filings or approvals from Anti-Monopoly Bureau of the Ministry of Commerce or other relevant governmental agency in China.
  • Prepare filings for submission along with required supplemental documentation.
  • Collect opinions regarding proposed merger from local governments and related trade associations.
  • Prepare responses to objections and requests for additional information from regulatory bodies.

International Cartel Cases

Pamir has advised clients in international cartel cases initiated by authorities in the U.S., Canada, EU, Japan and Korea. These cases involve investigations as well as civil and criminal litigations concerning antitrust, anti-monopoly and unfair competition. Pamir cooperates with international antitrust counsel to coordinate the defense of clients located in China and Taiwan.

Pamir manages all local aspects from pre-trial investigations, document production, certified translations to litigation strategies including:

  • Serve as local advisor and linguistic/cultural and cross-legal system bridge to lead antitrust counsel and clients.
  • Collect on-site evidence.
  • Create system for tracking and managing documents collected as evidence.
  • Work with e-discovery vendors on electronic data collection.
  • Translate documents for pre-litigation and litigation.
  • Prepare and conduct interviews in multilingual/multicultural situations.
  • Advise clients regarding investigation and litigation processes.
  • Implement system for uniform translation of relevant documents for submission to competition authorities in various jurisdictions.
  • Testing and selecting qualified translators and interpreters.
    • Developing glossary of terms for consistent translations of all documents.
    • Reviewing translations by bilingual lawyers for language accuracy, uniformity of writing style and content.
  • Act as cultural, language and communications bridge for between client and lead counsels.
    • Investigation interviews of key executives and employees.
    • Substantive case meetings between client and lead counsels.
  • Advise clients on business practices that might trigger antitrust and cartel concerns.

Unfair Competition Issues in Day-to-Day Operations

We advise clients on unfair competition concerns that arise from day-to-day business operations or practices as well as strategies to limit the scope of such restraints. Sometimes clients have unwittingly triggered legal violations in the course of normal operations. Such matters include:

  • Non-competition agreements or contractual provisions.
  • Exclusivity arrangements and restrictive contractual covenants.
  • Non-solicitation or contractual restrictions on market activities.
  • Intellectual property rights (patents, copyright, trademark, trade secret) protection disputes, such as against former employees or business partners.
  • False advertisement concerns.
  • Distribution, supply and license restrictions.
  • Multi-level marketing schemes.

Corporate Antitrust Compliance Programs

We design and provide effective corporate antitrust compliance educational programs for executives and employees of our clients that are tailored for specific industries and jurisdictions. We provide training. We lead the process through implementation and follow up with updates in relevant law.