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GCR Guide to Data & Antitrust – Competition law and data
Miranda Cole and Francesco Salis from our Brussels office are the authors of a chapter on the evolving view of data in the application of competition law.
Global | Publication | February 2020
On February 14, 2020, the People's Bank of China, the China Banking and Insurance Regulatory Commission (the CBIRC), the China Securities Regulatory Commission, the State Administration of Foreign Exchange and the Shanghai Municipal Government jointly issued the Opinions on Further Accelerating the Establishment of An International Financial Centre in Shanghai and Supporting the Development of Economic and Financial Integration in the Yangtze River Delta (in Chinese 《关于进一步加快推进上海国际金融中心建设和金融支持长三角一体化发展的意见》) (the Opinions). The Opinions include various detailed measures to further promote the opening up of and the regulatory reforms in the financial sectors in Shanghai.
According to the Opinions, the newly established Lin-Gang Special Area in Shanghai will focus on the development of the financial services, science innovation and FinTech industries. Entities established within the Lin-Gang Special Area may enjoy greater convenience and flexibilities in the cross-border transfer and use of Renminbi sourced offshore through foreign direct investment, debt financing and IPO. A pilot program on Renminbi-foreign currency consolidated cash pooling will also be explored – currently, cash pooling of Renminbi and foreign currency of qualified multinational companies is still subject to two different regimes in China.
In addition to the above, various national initiatives to further open up the financial market will first be rolled out in Shanghai, specific opening-up measures include:
Apart from the detailed rules, the Opinions also explicitly provide that Shanghai will pioneer the implementation of the financial policies applicable in the various pilot free trade zones, as well as the various financial supportive rules to be promulgated by the national financial administrative authorities. It is anticipated that Shanghai will continue to take a leading role in implementing financial regulatory reforms in the country.
Publication
Miranda Cole and Francesco Salis from our Brussels office are the authors of a chapter on the evolving view of data in the application of competition law.
Publication
Miranda Cole, Lara White and Christoph Ritzer from our Brussels, London and Frankfurt offices are the authors of a chapter on how the interplay between competition and privacy law is affecting online advertising.
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Unannounced inspections by competition authorities, usually called “dawn raids”, are undoubtably one of the most efficient tools for collecting evidence and enforcing competition rules. They are also an area where investigators test (and sometimes exceed) the boundaries of companies’ procedural rights.
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