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Jianmin Dai
Dai Jianmin Partner
Compliance and Risk Management
Corporate and M&A
Cross-Border Investment and Trade
IP and Technology Innovation
Detailed introduction
Mr. Jianmin Dai is one of the first lawyers who focus on antitrust law in China and has more than 10 years of practical experience in this practice area. He has led his team to provide comprehensive antitrust legal services for numerous multinational corporations and large domestic enterprises, including but not limited to: antitrust administrative investigations, antitrust compliance, concentration filings, civil antitrust litigation as well as legal issues involving both antitrust and intellectual property. In addition, Mr. Dai possesses a deep understanding of and abundant practical experience in antitrust and competition law issues in relevant industries, mainly including automobile (including auto parts), life science, hi-tech, FMCG, and chemical industries. He was ranked as one of the 2017 Client Choice Top 20 Lawyers in China by Asian Legal Business (ALB) and as Competition Lawyer of the Year in China by Corporate INTL in 2017. He was commended as “In-House Community External Counsel of the Year” at the In-House Community Counsels of the Year Awards 2016 and as Leading Lawyer by Aisalaw Profiles in the Antitrust & Competition area in 2016. He was selected as Competition Lawyer of the Year in China by Lawyer Monthly in 2013. In addition, Dentons' antitrust team co-led by Mr. Dai also won many awards in the antitrust practice area: recognized as Antitrust Law Firm of the Year in China by Dealmaker Monthly in both 2016 and 2017, a Highly Recommended Law Firm for Antitrust Practice in China by Global Competition Review from 2015 to 2017, as one of the Best Recommended Competition & Antitrust Law Firm by The Legal 500 in 2016, as a Top Ranked PRC Antitrust & Competition Law Firm in Chambers Asia-Pacific Guide three years in a row from 2014 to 2016, nominated by ALB for Antitrust Law Firm of the Year in China in 2014, and recognized as an Antitrust & Competition Law Firm of the Year in China by Finance Monthly and as Competition Law Firm of the Year in China by Corp INTL in 2014, as an Antitrust & Competition Law Firm of the Year in China by Finance Monthly and as Competition Law Firm of the Year in China by Acquisition Finance in 2013.
Besides, Mr. Dai is one of the pioneering lawyers practicing law in the area of data protection in China. He started offering professional legal services for quite a number of multinational corporations and large enterprises in respect of the application and enforcement policies of data and privacy laws in 2012, including without limitation: (i) reviewing and revising privacy policies; (ii) analyzing the feasibility of business modes from the perspective of data and privacy protection; and (iii) issuing compliance opinions on cross-border transfer of data.
In the meantime, in the areas of investment and M&A, Mr. Dai has advised many well-known foreign companies on their investments in PRC across a wide range of sectors, including port, real estate, FMCG, manufacturing, e-commerce, media and advertising sectors. Mr. Dai also advises multinational corporations on their daily operations within PRC. With more than 5 years of practical experience in the commercial dispute resolution area, he is also equipped with extensive experience of representing clients in litigation before court and dispute resolution.
- Represented a MNC in a container shipping cartel case
- Assisted a MNC in responding to an antitrust investigation by NDRC concerning alleged SEP abuse
- Assisted a European medical device company in responding to a RPM investigation
- Advised one of the leading shipping companies on developing strategies to respond to an investigation by NDRC into cartel behavior which was investigated simultaneously across multiple jurisdictions
- Represented Furen Pharmaceutical Group Co., Ltd. in concentration filings in respect of its acquisition of a stake in Kaifeng Pharmaceutical (Group) Co, Ltd.
- Assisted with concentration filings in respect of the establishment by Showa Denko K.K. (Japan) and Eternal (China) Investment Co., Ltd. of a joint venture to produce chemicals in China
- Advised a European automotive company on antitrust review of its business arrangements in China, including without limitation, participation in trade associations, information exchange, consortium purchasing, and exclusive distribution.
- Assisted a US FMCG firm to build a complete antitrust compliance system in China
- Advised a world well-known life science company on its data compliance audits and data protection under PRC laws
- Advised a European car maker on transferring the personal information collected from customers in PRC to EU
- Advised a global hotel booking platform on the impact of the PRC Cybersecurity Law on its business operation in PRC
- Assisted a leading global logistics company to set up a data compliance system and conducted compliance audits of its business arrangements from the perspective of data and privacy protection
- Represented a large PRC shipping group in its investments in and acquisitions of domestic ports, including without limitation, the Shanghai Yangshan Deepwater Port Phase II, the Ningbo Beilun Port, and the Yangzhou Port
- 2002 - 2004 LL.M. in Commercial Law, University of Bristol, UK
- 1998 - 2002 LL.B., China University of Political Science and Law, Beijing
- 2011- date Partner,Dentons Shanghai Office
- 2009-2010 Partner, Zhongyin Law Firm Shanghai Office
- 2006-2008 Senior Associate, Win&Sun Law Offices, Shanghai
- 2003-2006 Junior Associate, Llinks Law Offices, Shanghai
- Lawyer license, 2004
- Comments on “Big Data: A Tool for Inclusion or Exclusion?”, Competition Policy in Digital Market, Law Press
- Managing Distribution and Antitrust Compliance Issues in China: Post Medtronic & GM (co-author with Jet Deng), CPI Asia Column, February 2017
- Personal Liabilities of Senior Management under the AML: A Comparative Approach (co-author with Jet Deng), CPI Asia Column, June 2016
- China's Antitrust Regime Ushers in a New Era - Amendment to the Anti-Monopoly Law and Six Draft Antitrust Guidelines (co-author with Jet Deng), Leading Lawyers, 2016
- Public Enforcement of Antitrust Law in China: Perspective of Procedural Fairness (co-author with Jet Deng), CPI Asia Column, August 2015
- Record-breaking Penalty Issued by NDRC Changes Global Antitrust Situation (co-author with Jet Deng), Price Supervision and Anti-monopoly in China, Vol.3, 2015
- Why Information Security Must Be Prioritised (co-author with Jet Deng), China Law & Practice Annual Review, 2015
- A Probe into Anti-monopoly Situation from the Appeal of Qihu v. Tencent (co-author with Jet Deng), China Industry & Commerce News, November 2014
- Analysis of the Type of Abusive Conducts of SEP: Taking Qualcomm Case as an Example (co-author with Jet Deng), Price Supervision and Anti-monopoly in China, Vol.8, 2014
- Antitrust Compliance In China, Legal Studio, April 2014
- Type of Abusive Conducts of Standard Essential Patents (co-author with Jet Deng), ManagingIP, 2014
- The Judicial Interpretation on Private Antitrust Litigations in China, IPBA Journal, 2012
- Commentaries on the Case regarding MOFCOM's Conditional Clearance of the Acquisition of AB by Inbev, China M&A Law Report Vol. 2009, Law Press
- A Great Leap forward for Definition of the Relevant Market, China Law & Practice, August 2009
- Merger Control 2009: Substantive Test, China M&A Law Report Vol. 2010, Law Press
- The Contest between QQ and 360 from the Perspective of the Anti-monopoly Law, www.competitionlaw.cn
- New Development of the Interoperatibility in EU, International Symposium on Enforcement of China's Anti-monopoly Law in the New Economy, December 18, 2010
- Vice-chair, Competition & Antitrust Committee of Shanghai Bar Association
- Executive member, Competition Law Committee of Shanghai Law Society
- Adjunct professor at Shanghai Jiaotong University
- Member, Asia Competition Association
- Columnist at Forbes China
- Shanghai tutor at Hillhouse Academy
- On August 19, 2017, gave a speech titled “Communication and Sharing of Antitrust Law Practices – Past, Present and Future” at the Antitrust Law Practices Two-City Lecture – Tenth Anniversary of the Promulgation of the PRC Antitrust Law held by CLECSS
- On July 17, 2017, gave a keynote speech titled “Big Data and Competition” at the Seminar on Antitrust & Competition of Digital Economy held in Hangzhou
- On July 11, 2017, gave a keynote speech titled “Antitrust Law Updates: Compliance, Supervision and Litigation ” at the Industrial and Manufacturing Industry Forum of the Sixth Wolters Kluwer Conference of Corporate In-house Counsels and presided over the panel discussion regarding big data protection in the context of Internet
- On June 4, 2017, delivered a speech titled “Digging the Value of Big Data: Compliance and Risk Control” at the China Intellectual Property Forum
- On May 25, 2017, delivered a speech titled “Notification, Investigation and Compliance – Confronting More Strict Global Enforcement of Antitrust Law” at the Wolters Kluwer Antitrust Seminar
- In April 2017, participated as a guest in the panel discussion titled “Privacy Game: Staying a Float in the Cross-currents of Data Protection Regimes” in the spring conference of ABA Section of International Law
- In April 2017, delivered to Harvard Law School students a lecture titled “Antitrust Law and Legal Practice in China”
- In December 2016, gave a keynote speech titled “Data Transfer and Ever-Increasing Attention on Privacy Compliance” at the 2016 China Compliance & FCPA Conference
- In November 2016, gave a keynote speech titled “How to Making Dealings with Competitors - From an Antitrust Perspective” at the seminar on antitrust in the medical industry
- On November 20, 2016, gave a keynote speech titled “International Compliance of Antitrust Law – Trend and Practice” at the 2016 annual meeting of the Competition Law Research Committee of Shanghai Law Society
- In October 2016, participated as a guest in the panel discussion regarding global regulation of cartel at the annual meeting of Asian Competition Association
- In October 2016, gave a lecture titled “Innovation and Competition in China—Antitrust Practitioner's Perspective” in Global Innovative Leaders Project of Shanghai University
- On September 27, 2016, delivered a keynote speech titled “Promoting the Effective Enforcement of Fair Competition Supervision System – The Perspective and Function of Lawyers” at the seminar “Comprehensively Deepening the Establishment and Implementation of Reform and Fair Competition Review System
- On April 5, 2016, participated as a guest in the panel discussion regarding Cartel Enforcement Challenges in Newer Enforcement Regimes in GCR Cartel Regulation Summit
- In March 2016, delivered to Law School students of Berkley University a lecture titled “Increasingly Active Enforcement of China's Antitrust Law A Practitioner's Perspective”
- In 2016, attended the International Conference of Cross-Border Challenges in Competition Enforcement as the only Chinese representative and gave a speech as a guest speaker in the part of Unilateral Conduct in Dynamic Industries
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