In order to enhance the anti monopoly compliance practice of operators, the Anti monopoly Committee of the State Council formulated and issued the "Anti monopoly Compliance Guide for Operators" (hereinafter referred to as the "Guide") in September 2020. In 2022, the second year of the official implementation of the Guidelines, more enterprises have carried out various compliance work. Based on the annual reports of domestic listed companies disclosed so far in 2022, we have summarized the relevant work on antitrust compliance construction of listed companies.

On April 10th, 2022, The Shanghai High People's Court revised and completed the Series of Questions and Answers on the Application of Law in Cases Involving the COVID-19 Epidemic Situation (2022 Edition), in which question 2 clearly stated that "the epidemic situation and the epidemic prevention and control measures are generally force majeure stipulated by law, and the epidemic situation or the epidemic prevention and control measures make it impossible to achieve the purpose of the contract/the contract cannot be performed, and the parties can claim to terminate the contract/exempt from liability or partially exempt from liability according to the relevant provisions".

May 18th is World Museum Day. According to officially released data, the scale of China's cultural and museum industry, excluding cultural relics from Hong Kong, Macao, Taiwan, and abroad, has exceeded 500 trillion yuan, almost equivalent to the size of real estate. However, contrary to the annual decline in real estate valuation, the appreciation trend of cultural relics and antiques is obvious. As the legal adviser of the National Cutural Heritage Administration, the National Museum and China Poly International Auction Co., Ltd. for many years, Gaopeng Law Firm has been standing at the forefront of the cultural and museum industry, and will certainly seize the opportunity and make great achievements.

In the financing of overseas transactions, the granting of loans by lenders to borrowers is accompanied by a series of requirements that borrowers must comply with after determining the lending relationship. Overseas lenders are very strict with the requirements and management of borrowers after loans. The author has repeatedly encountered situations where foreign financing banks require seats on the board of directors of the target project company. A series of related commitments made by a borrower to a lender in connection with obtaining a loan. An important part of the lender's obligations to the borrower after the loan is reflected in financial covenants. In addition, there are non-financial commitments, which will be detailed in a separate article.

On May 13, the official account of the State Administration of Market Supervision, Shishuoxinyu, released the news. According to the preliminary verification, the case was filed and investigated for the alleged monopoly of Zhiwang according to law. "Zhiwang, because in 2019, actor Zhai Tianlin was a doctoral candidate at the Beijing Film Academy, but he did not know Zhiwang and unexpectedly left the circle.". In 2021, Zhao Dexin, an economic historian and 89-year-old retired professor at Central South University of Finance and Law, won a lawsuit against Zhiwang and received a cumulative compensation of over 700000 yuan, making her a national topic again. HowNet has also been equated with monopoly due to its stable position in the literature database market. The survey conducted by the Municipal Administration of Supervision on HowNet can be said to be a response to hot spots.

The epidemic is merciless and there is love in the world. Since the outbreak of the COVID-19 in 2020, countless medical staff, community workers and volunteers have devoted themselves to anti epidemic activities with impressive stories. Those who hold salaries for everyone should not be frozen to death in the wind and snow. The risks faced by medical personnel and volunteers in the forefront of the epidemic prevention can be imagined. We have found that during the "war" against the epidemic, news of insurance companies giving insurance to frontline personnel has frequently appeared in the newspapers.

Since the outbreak of the epidemic in the spring of this year, Shanghai has taken containment measures against areas such as Pudong since March 28, and has taken containment measures against areas such as Puxi since April 1. Most areas are still under containment. Many enterprises are unable to operate normally during the period of closure. Under such circumstances, can enterprises reduce salaries for employees?

Recently, the All-China Federation of Industry and Commerce, the Supreme People's Procuratorate, the Ministry of Justice, the Ministry of Finance, the Ministry of Ecological Environment, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the China Council for the Promotion of International Trade have developed and issued the "Measures for the Construction, Evaluation, and Review of Compliance of Enterprises Involved in Cases (for Trial Implementation)" (hereinafter referred to as the "Measures"). Prior to this, nine ministries and commissions have jointly issued the "Guiding Opinions on Establishing a Third Party Supervision and Evaluation Mechanism for Compliance of Enterprises Involved in Cases (Trial Implementation)" (hereinafter referred to as the "Guiding Opinions"), which comprehensively stipulates the application, composition, responsibilities, initiation, and operation of the third party supervision and evaluation mechanism for compliance of enterprises involved in cases. Based on the Guiding Opinions, the Measures issued this time point out the direction for promoting the pilot work of enterprise compliance reform in accordance with the law, standardizing the orderly implementation of work related to the third-party supervision and evaluation mechanism, and creating a new situation for the third-party supervision and evaluation mechanism of enterprise compliance involved in the case. This article preliminarily interprets the key contents of the Measures as follows.

What is an anti epidemic volunteer?


According to Article 6 of the "Regulations on Volunteer Service" of the State Council, a volunteer refers to a natural person who engages in voluntary service with his own time, knowledge, skills, physical strength, etc.