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- Welcome & Introduction
Ashwin Kaja•Adrian Emch
Ashwin Kaja
General Counsel at AmCham China; Special Counsel at Covington & Burling LLP Beijing OfficeAshwin Kaja is the incoming General Counsel of the American Chamber of Commerce in China. Outside of AmCham China, he serves as a Special Counsel on the global policy team of the international law firm Covington & Burling in Beijing, where he advises multinational companies, organizations, and governments on complex legal and policy issues relating to China, technology, trade, and investment. He is also a certified CIPP/US data privacy professional and has counseled a range of clients on data protection matters.
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Prior to joining Covington, Ashwin advised foreign universities and other clients on their collaborations in China at another international law firm, Hogan Lovells, and taught courses on international law, negotiation, and entrepreneurship at Renmin University of China, Beijing Foreign Studies University, Jindal Global University (India), and the American University in Cairo.
Originally from East Fishkill, New York, Ashwin earned a B.A. magna cum laude from Harvard College in Economics and Government and a J.D. from Harvard Law School. He speaks English, Mandarin, Spanish, and Telugu.
Adrian Emch
Partner at Hogan Lovells International Beijing Representative Office (UK)Adrian Emch began developing his understanding in competition/antitrust law while at university. After graduation, he first worked at the Directorate General for Competition (DG COMP) at the European Commission, and then spent several years in private practice in Brussels focusing on European Union competition law. In July 2008, Adrian made his second move back to China, which was just a month before the country's Anti-Monopoly Law came into force. Since that time, Adrian has had the privilege of witnessing and actively participating in shaping the development of China's nascent antitrust regime.
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As a fluent Mandarin speaker and with his experience as lecturer at Peking University, Adrian smoothly navigates business and legal communities from both the West and China. Adrian's experience covers all aspects of competition/antitrust law, including merger control, cartel/abuse of dominance investigations, and antitrust counselling. Multinational companies – based in China and outside – work with Adrian and his team in 'bet the company' matters. For example, Adrian's team worked for IBM in the disposals of both its x86 server business to Lenovo and its semiconductor assets to Global Foundries – both multi-billion USD transactions – in the Chinese merger process.
- Presentation • Part I
Alexander Wang•Julia Zhu•Jiaming Zhang
Alexander Wang
Covington & Burling LLP Beijing Representative OfficeAlexander Wang is a senior antitrust attorney resident in the Beijing office of Covington & Burling LLP. He specializes in antitrust/competition law, government affairs and regulatory matters.
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Alexander is experienced in advising clients in a broad array of regulatory matters such as antitrust/competition, export control and national security review/FDI screening in connection with cross-border trade and investment. Previously Alexander served as an official of the Ministry of Commerce (MOFCOM), the Anti-Monopoly Bureau, and the Office of Anti-Monopoly Commission of China’s State Council, where he participated in handling cases, making rules, and shaping policies in connection with China’s antitrust review of M&As and national security review of foreign investments. He also coordinated the antitrust law enforcement and competition policy making among the State Council and sixteen member ministries of the Anti-Monopoly Commission. Alexander has a deep and unique understanding of the way government mechanisms operate, and maintained sound working relationships with Chinese major regulatory authorities.
Alexander graduated from Georgetown University with a Juris Doctor (J.D.) degree and from the University of Cambridge with a Master of Laws (LL.M.) degree. He is qualified to practice law in the State of New York and Washington, D.C.
Julia Zhu
Associate at Skadden, Arps, Slate, Meagher & Flom LLP Shanghai OfficeJulia Zhu specializes in antitrust and competition law in China, Asia, the European Union and a number of other jurisdictions. She has taken a leading role in merger reviews for transactions across a variety of sectors, including semiconductors, aerospace, material technologies, insurance, healthcare, information technologies, and more. She also has experience in general antitrust compliance, including drafting and training companies on antitrust compliance guidelines, post-closing remedy implementation, and advising clients on National Security Review filings in China.
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Her recent merger control work includes:
• SK hynix Inc. (South Korea) in its US$ 9 billion proposed acquisition of the NAND memory and storage business of Intel Corporation with respect to the merger control filing in China;
• Willis Towers Watson (U.K.) in its US$ 30 billion proposed acquisition by Aon plc with respect to merger control filings in China, the EU, Australia, New Zealand, Singapore, etc.;
• Rockwell Collins Inc. (U.S.) in its US$ 30 billion acquisition by United Technologies Corporation with respect to merger control filings in China (including remedy negotiation), the EU, Japan, the Philippines, Taiwan, etc.;
• Embraer S.A. (Brazil) in its US$ 4.2 billion proposed sale of the commercial aviation business to The Boeing Company with respect to merger control filings in China, the EU, Japan, etc.;
• Versum Materials, Inc. (U.S.) in its US$ 6.6 billion sale to Merck KGaA with respect to merger control filings in China, Japan, South Korea, Taiwan, Germany, etc.;
• HP Inc. (U.S.) in its US$ 1.05 billion acquisition of Samsung Electronics Co,. Ltd.’s printing business with respect to merger control filings in China (including remedy negotiation and post-closing remedy implementation), the EU, India, South Korea, Taiwan, etc.
• SanDisk Corp. (U.S.) in its US$ 19 billion acquisition by Western Digital Corporation with respect to the merger control filing in China;
• EMC Corporation (U.S.) in its US$ 67 billion acquisition by Dell Inc. with respect to the merger control filing in China;
• Ninestar Holdings (a Chinese consortium led by Apex Technology and PAG Asia Capital) in its US$ 3.6 billion acquisition of Lexmark with respect to merger control filings in Germany, Austria, Poland, Turkey, Russia and Argentina.
• Air Products and Chemicals, Inc. (U.S.) in its US$ 3.8 billion sale of the performance materials division to Evonik Industries AG with respect to merger control filings in China, Japan and Taiwan.
• GE Aerospace (U.S.) in its partnership with Allegheny Technologies to establish a joint venture for the development and production of titanium materials with respect to merger control filings in China, South Korea and Israel.
Education
LL.M., New York University School of Law, 2015
LL.B., Peking University, 2013
Julia joined Skadden in 2015. Prior to that, she worked at the Shanghai Office of a leading U.S. law firm specializing in antitrust and litigation.
Jiaming Zhang
Senior Associate at Shanghai Lang Yue Law Firm（Allen & Overy’s Joint Operation Partner in China）Jiaming is a senior lawyer, who leads the antitrust practice of Lang Yue in joint operation with Allen & Overy in China. She started her antitrust and competition law career in Brussels in 2013 with another major international firm and returned to China in 2015 to focus on PRC and international antitrust matters. Before moving to Allen & Overy’s joint operation to lead the China antitrust practice there in May 2021, Jiaming was a senior associate with Allen & Overy.
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As one of the very few EU-trained native Chinese-speaking antitrust lawyer in China, Jiaming leverages her technical skills and deep understanding of the PRC regulatory environment in assisting clients in the most sensitive matters in China. Jiaming’s practice has been focusing on all types of Chinese antitrust and regulatory issues.
She has been leading a broad variety of matters, including assisting major U.S., European, Asian and other multinational companies in Chinese merger control reviews, Chinese antitrust, national security review and other regulatory advises, central and local PRC antitrust authority investigations and Chinese compliance and regulatory matters – including those with high political and industrial sensitivity.
Jiaming assists clients on the ground from a wide range of industries, including energy, TMT, chemical, financial services, pharmaceutical and consumer products.
- Presentation • Part II
Adrian EmchCase Study
Adrian Emch
Partner at Hogan Lovells International Beijing Representative Office (UK)
- Discussion/Q&A
Adrian Emch•Alexander Wang•Julia Zhu•Jiaming ZhangAdrian Emch
Partner at Hogan Lovells International Beijing Representative Office (UK)Alexander Wang
Covington & Burling LLP Beijing Representative OfficeJulia Zhu
Associate at Skadden, Arps, Slate, Meagher & Flom LLP Shanghai OfficeJiaming Zhang
Senior Associate at Shanghai Lang Yue Law Firm（Allen & Overy’s Joint Operation Partner in China）
- Concluding Remarks