Swimming Against the Current: Industrial Policy and Antitrust in China

Nathan Bush from O'Melveny & Myers will speak on China's industrial policy at UC Berkeley.

Many jurisdictions face tensions between competition policy and industrial policy, but China's new antitrust regulators face a political climate in Beijing where faith in the centrality of the state sector and confidence in industrial policy prevail. Concerns that Chinese antitrust may emerge as a tool of industrial policies aimed at spurring "indigenous innovation," and strengthening State-Owned Enterprises persist. Data suggests that Chinese antitrust regulators clearly favor "default" antitrust rules based on prevailing international practices--but they also recognize that industrial policy can override antitrust in China's political process. But how can companies distinguish the general rules of competing in China from cases where industrial policy trumps antitrust? Nate Bush will review recent rulemaking and cases, highlighting the potential influence of industrial policy on antitrust enforcement in China.

Nathan G. Bush is a partner in the Litigation Department in O'Melveny & Myers' Beijing office. He was based in the Washington, D.C. office before relocating to Beijing. Nate's practice focuses on regulatory matters and litigation concerning antitrust and competition, anticorruption, and international trade. He frequently publishes and speaks on competition and trade policy in Asia. He is active in the American Chamber of Commerce in China, serving as Legal Committee Chairman for 2008 and as General Counsel for 2009 and 2010.

Antitrust & Competition. Nate counsels clients regarding merger notifications, compliance strategies, and enforcement risks under the competition regimes of China and other jurisdictions in Asia. He is experienced with matters arising under U.S. antitrust laws, including merger filings, litigation of civil antitrust claims, and price-fixing investigations.

Internal Investigations & Compliance. Nate advises international companies on compliance with the U.S. Foreign Corrupt Practices Act and other anticorruption rules, with anti-money laundering rules, with international sanctions, and antifraud and accounting rules. He has conducted internal investigations for firms in sectors ranging from financial services and software to consumer electronics and heavy manufacturing in Japan, China, Hong Kong, Singapore, and Vietnam. He routinely advises on compliance aspects of capital markets, M&A, private equity, and venture capital transactions in Asia.

International Trade & Market Access. Nate represents multinational companies before the U.S. and Chinese governments on matters involving China's WTO accession commitments and the WTO dispute settlement process. He has represented clients from Australia, Belgium, China, South Africa, and Spain in U.S. antidumping proceedings and advised clients from the U.S. and Japan regarding Chinese trade remedy measures.