ENG

  • Baisha ZHANG

    Equity Partner / Guangzhou

  • Tel +86-20-2826-1768

    Email baisha_zhang@zhonglun.com

  • Practices

    Antitrust & Competition, Litigation & Arbitration, Investment/M&A & Corporate Governance

  • Industries

    Telecommunications & Internet, Pharmaceuticals & Life Sciences

CV

Baisha ZHANG

Mr. Baisha Zhang is a senior partner of Zhong Lun Guangzhou Office. Mr. Zhang has been practicing in antitrust and competition law, litigation, and arbitration as well as M&A and corporate governance for almost three decades and made great accomplishments in these areas. Devoted to antitrust law in both academic research and practice for more than 20 years, he has always stayed at the forefront in this field, participated in a host of landmark cases and awarded Band 1 recommendation and special recommendation by well-known legal rating agencies including Chambers & Partners, The Legal 500, asialaw Profiles, and Who’s Who Legal for many years. In terms of dispute resolution, Mr. Zhang has handled cases with a significant impact before the Supreme People’s Court and many provincial high courts in China, and has also acted for clients in high-profile arbitration cases before the China International Economic and Trade Arbitration Commission as well as the Arbitration Institute of the Stockholm Chamber of Commerce. As for M&A and corporate governance, Mr. Zhang has represented a large number of companies across various industries including hi-tech, biopharma and health care, Internet, chemical, energy, FMCG, and home appliance, and is particularly adept at handling large and complicated cross-border or domestic deals.

Representative Matters

Antitrust and Competition Law

Antitrust Compliance

  • Assisted Galanz in multi-jurisdictional filings and antitrust compliance in the tender offer to acquire Whirlpool (China) Co., Ltd., winning 2022 “Impact Deal and Case Awards" by asialaw Profiles

  • Assisted G-Gas in bidding for divested assets in the Linde-Praxair merger, provided antitrust services, and facilitated the execution of divestiture

  • Providing retainer-based antitrust compliance audit services to an international brewery

  • Providing retainer-based antitrust compliance audit services to a Chinese manufacturer of high-tech devices

  • Provided vertical antitrust compliance audit services to a central enterprise in FMCG

  • Providing antitrust compliance legal services to a Chinese cellphone manufacturer

  • Providing antitrust compliance legal services to a Chinese manufacturer of high-tech devices

  • Providing antitrust compliance legal services to an Internal platform operator

  • Providing antitrust compliance legal consultation services to a power company

  • Providing antitrust and anti-unfair competition compliance legal consultation services to an international FMCG manufacturer

  • Providing antitrust compliance legal services to an international FMCG manufacturer

  • Providing antitrust compliance legal services to an international data company

  • Providing antitrust compliance legal services to an international FMCG manufacturer

  • Providing antitrust compliance legal services to an international chemical manufacturer

  • Providing antitrust compliance legal services to an Internal platform operator

  • Providing antitrust compliance legal services to an online game developer

  • Providing antitrust compliance legal services to a Chinese automobile manufacturer

  • Providing antitrust compliance legal services to a Chinese manufacturer of high-tech devices

  • Providing antitrust compliance legal services to an international pharmaceutical company

  • Providing antitrust compliance legal services to an Internet company

  • Providing antitrust compliance legal services to an Internet platform operator

  • Providing antitrust compliance legal services to an international data company

  • Providing antitrust compliance legal services to an international device manufacturer

  • Providing antitrust compliance legal services to an international auto part manufacturer

  • Providing antitrust compliance legal services to an international manufacturer

  • Providing antitrust compliance legal services to an international auto part manufacturer

  • Providing antitrust compliance legal services to a Chinese medical device manufacturer

  • Providing antitrust compliance legal services to an international medical device manufacturer

  • Providing antitrust compliance legal services to an international medical device manufacturer

  • Providing antitrust compliance legal services to an international cosmetic manufacturer

  • Providing antitrust compliance legal services to an international device manufacturer

  • Providing antitrust compliance legal services to an international chemical manufacturer

  • Providing antitrust compliance legal services to a Chinese household appliances manufacturer

  • Providing antitrust compliance legal services to an international device manufacturer

  • Providing antitrust compliance legal services to an international energy gas company

  • Providing antitrust compliance legal services to a Chinese gas company

  • Providing antitrust compliance legal services to a Chinese material manufacturer

  • Providing antitrust compliance legal services to an international material manufacturer

  • Providing antitrust compliance legal services to an international material manufacturer

  • Providing antitrust compliance legal services to an international shipping company

  • Issuing antitrust expert opinions re several antitrust cases to Guangdong Administration for Market Regulation

  • Issuing antitrust expert opinion re insider trading to Securities and Futures Commission of Hong Kong

  • Providing antitrust compliance legal training to Guagndong Food Trade Association and Guangdong Drug Trade Association


Merger Filings

  • Assisted LG Display in the notification of concentration in the setting up of an OLED joint venture in Guangzhou, in which the total investment amounts to RMB 46 billion, making it one of the largest FDI projects in China in 2018

  • Assisted Galanz in the partial tender offer and the related filing concentration review with SAMR and agencies in other jurisdictions including U.S., Germany, etc., for acquiring the control of Whirlpool China

  • Assisted G-Gas in the divestiture of the Linde-Praxair merger and the related filing concentration review with SAMR for the acquisition of the divested assets

  • Assisted Hainan Development Holding Co., Ltd. in the notification of concentration in the acquisition of the airport business segment of Hainan Airline Group in its bankruptcy reorganization

  • Assisted Guangzhou City Investment in the notification of concentration in the acquisition of shares of Guangzhou Restaurant

  • Assisted Guangzhou City Investment in the notification of concentration in the acquisition of shares of Pearl Piano

  • Assisted Science City Xinke Group in the notification of concentration in the acquisition of shares of Heren Technology

  • Assisted Guangzhou Development Zone Investment Group in the notification of concentration in the acquisition of shares of Shunwei Plastics

  • Assisted Guangzhou Wangli in the notification of concentration in the acquisition of shares of Sunward

  • Assisted Jiangxi Chinese Media in the notification of concentration in the acquisition of shares of Qtone Education

  • Assisted Shuifazongxing in the notification of concentration in the acquisition of shares of Dalian Paisi

  • Assisted Guangdong Hengjian in the notification of concentration in the acquisition of shares of East

  • Assisted Midea in the notification of concentration in the acquisition of shares of Hiconics

  • Assisted Oerlikon Driving System in filing concentration review with SAMR for the selling the business to Dana

  • Assisted Henniges Automotive in filing concentration review with SAMR for setting up a joint venture with Guizhou Guihang

  • Assisted JAML in filing concentration reviews with SAMR and agencies in other jurisdictions including Germany for the share acquisition of a Japanese company

  • Assisted ITOCHU in filing concentration reviews with SAMR and agencies in other jurisdictions including Germany for the share acquisition of a Japanese company

  • Assisting GEM China in filing concentration review with SAMR for the setting up of a new joint venture with Brunp Recycling

  • Assisted Chaowei Power Group Co., Ltd. in filing concentration review with SAMR for the setting up of a new joint venture with GE

  • Assisting H&T Intelligent Control in filing concentration review with SAMR for a share acquisition of NPE S.r.l

  • Assisted the concentration review with SAMR of a share acquisition of Woodbridge by GAC Component;

  • Assisted Ball Asia Pacific Limited in filing concentration review with SAMR for a share acquisition of a Chinese company

  • Assisted Guangdong Rising in the failure to notify in its public take-over of PanAust, a former listed company in Australia

  • Assisted G-Gas in the failure to notify in the setting up of joint venture with Linde

  • Assisted Jiangxi Jemin Care in the failure to notify in the share acquisition of Nanjing Hengsheng

  • Advised a Guangdong stated-owned enterprise in raising competition concerns against an international merger transaction in the material industry

  • Advised a listed company in HKEx from the antitrust perspective in dealing with the hostile takeover by a competitor


Antitrust Investigation and Litigation

  • Assisted Guangdong Administration for Market Regulation (GDAMR) in antitrust administrative disputes against 13 Maoming-based cement manufacturers

  • Assisted Guangdong Administration for Market Regulation in an antitrust administrative dispute against Huizhou Auto Inspection Trade Association

  • Represented Galanz against Alibaba and Tmall for their abuse of market power and provided a full set of antitrust legal solutions

  • Assisted a Chinese beverage manufacturer in dealing with antitrust franchising dispute

  • Assisted an international internet platform operator in dealing with an antitrust dawn raid and investigation

  • Assisted Qualcomm in dealing with antitrust litigation


Litigation and Arbitration

  • Assisted Guangdong Administration for Market Regulation (GDAMR) in antitrust administrative disputes against 13 Maoming-based cement manufacturers (the first antitrust administrative litigation involving GDAMR, one of the ten landmark anti-monopoly cases of people's courts in 2022 by the Supreme People's Court, the landmark case of IP Tribunal of Supreme People’s Court in 2022 by the Supreme People's Court, selected as the 2022 Summary of Fundamental Principles from the Judgments of the IP Tribunal of the Supreme People's Court)

  • Assisted Guangdong Administration for Market Regulation in an antitrust administrative dispute against Huizhou Vehicle Detection Association (one of the ten landmark anti-monopoly cases of people's courts in 2022 by the Supreme People's Court, one of the “Selected Cases" by PRC Supreme People’s Court and “10 Landmark Cases in 2021" by Guangzhou Intellectual Property Court)

  • Assisted Galanz in a series of antitrust disputes against Tmall and Taobao (influential landmark antitrust cases relating to platform economy)

  • Assisted Start-River Estate Group in an inter-corporation loan dispute

  • Assisted ALC, a multi-national air leasing company, in its lien dispute in connection with a Boeing aircraft against an air maintenance company under China Southern Airlines

  • Assisted Harman in two commercial draft disputes against Evergrande Group

  • Assisted Wuhan Pepsi in an antitrust and franchising dispute

  • Assisted Start-River Estate Group in a real estate development dispute

  • Assisted ABI in a trademark and unfair competition dispute


M&A and Corporate Governance

  • Represented Galanz in its acquisition of 51.1% equity interests in Whirlpool (China) Co., Ltd. (600983. SH) through tender offer, which is a representative case of directly acquiring the controlling right of an A-share listed company through large-proportion tender offer (awarded “China Deals of the Year 2021 (Cross-border)" by China Business Law Journal)

  • Represented G-Gas in its acquisition of a series of assets inside and outside China from the leading global industrial gases and engineering group Linde plc, acting as the leading deal counsel for and advising on all aspects of the transaction

  • Represented Simone Acc. Collection, Ltd., a well-known handbag manufacturer of South Korea, in the sale of its wholly-owned subsidiary in Guangzhou as a part of its plan of exiting the Chinese market, acting as the leading deal counsel for and advising on all aspects of the sale process

  • Assisted the Korean company JINOS Co., Ltd. in the sale of its two wholly-owned subsidiaries in Suzhou

  • Assisted Guangdong Holdings Limited in its acquisition of a listed company

  • Assisted Techpool Bio-Pharma Co., Ltd. in multiple cross-border trade transactions

Honors and Awards

For Individual

Band 1 Practitioner, Chambers Asia-Pacific 2019-2021 - China (Corporate/Commercial: East Coast: Guangdong)

Band 1 Practitioner, Chambers Greater China Region 2022-2023 - Corporate/Commercial: East Coast: Guangdong

Highly Recommended Practitioner, Chambers Asia-Pacific 2019-2021 - China (Competition/Antitrust)

Highly Recommended Practitioner, Chambers Greater China Region 2022-2023 - Competition/Antitrust

Notable Practitioner, asialaw Profiles 2022-2023 - Competition/Antitrust

Highly Recommended Practitioners, The Legal 500 Asia Pacific 2020-2023

Litigation Star, Benchmark Litigation – China 2023

The A-List 2022, China Business Law Journal

Leading Business Lawyer, Who’s Who Legal (WWL) 2020 - China

Managing Partner of the Year: South China & Central China - Non Local, Asia Law Business China Regional Law Awards

Guangzhou Top Ten Lawyers, Guangzhou Lawyers Association 2009-2011

First Prizes for Professional Achievement and Academic Achievement, Guangzhou Lawyers Association

For Deal

Deal of the Year, China Business Law Journal 2021 for: Galanz Group’s acquisition of Whirlpool (China) Co., Ltd.

Impact Deal and Case Award, asialaw Profiles 2022 for: Galanz Group’s acquisition of Whirlpool (China) Co., Ltd.

One of the ten landmark anti-monopoly cases of people's courts in 2022 by the Supreme People's Court, Eminent Precedent selected by China Supreme Court IP Tribunal and Top 10 Judgments of Judicial Protection for IP for Year 2021 selected by Guangdong Court System for: Anti-Trust Administrative Litigation between Guangdong Administration for Market Regulation and Huizhou Vehicle Detection Association

One of the ten landmark anti-monopoly cases of people's courts in 2022 by the Supreme People's Court, the landmark case of IP Tribunal of Supreme People’s Court in 2022 by the Supreme People's Court, selected as the 2022 Summary of Fundamental Principles from the Judgments of the IP Tribunal of the Supreme People's Court: Anti-Trust Administrative Litigation between Guangdong Administration for Market Regulation and 13 Maoming-based cement manufacturers

Memberships & Affiliations

Academic Partner, Research Partnership Platform on Competition and Consumer Protection (RPP) of UNCTAD (United Nations Conference on Trade and Development)

Deputy Director, Anti-Monopoly & Anti-Unfair Competition Committee of ACLA

Expert Advisor, Guangdong Provincial Administration for Market Regulation

Adjunct Professor, Jinan University

Researcher, Intellectual Property and Competition Center of Wuhan University

Appointed Mentor for Melbourne Law School, University of Melbourne

Consultant, Guangzhou International Investment Center

Consultant, Guangzhou Foreign Trade and Trade Remedy

Arbitrator, Foshan Arbitration Commission

Vice President, Alumni Association of East China University of Political Science and Law

President, Guangdong Alumni Association of East China University of Political Science and Law

Former Counsel, Guangzhou Municipal People’s Government

Former Adjunct Professor, Hong Kong Polytechnic University

Publications

“What Kinds of Non-Compete Clauses Involve Antitrust Compliance Risks? Three Issues to Consider for Firms”, Shanghai Legal Studies, 2022

“The Narrow Most-favored-customer Clause in Internet Platform - Legal or Not Legal, That is the Question”, Zhong Lun Research Institute, 2022

“Is the ‘Most-favored-customer Clause’ Truly Favorable? - The Antitrust Regulation of Most-favored-customer Clause”, Legal System and Society, 2015

“Unity, Competition and Restriction - The Antitrust Regulation of Technology Standardization”, Legal System and Society, 2014

“Innovation and Restriction: The Antitrust Regulation of Patent Pools”, Legal System and Society, 2014

“Judicial and Administrative Remedies Against Administrative Monopoly: Cases and Analysis”, China’s Anti-Monopoly Law: the First Five Years, Kluwer Law International, 2013

“Methodology of Finding Collective Boycott”, Legal System and Society, 2012

“Research into Some Questions Regarding the Definition of Relevant Market”, Legal System and Society, 2011

“Methodology of Investigating and Analyzing Tacit Collusion”, Legal System and Society, 2009

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar, 1994

  • Education

    Master of Commercial Law, University of Melbourne, 2003-2005
    Master of Business Administration, University of Western Sydney, 2000-2002
    Master of International Economic Law, East China University of Political Science and Law, 1988-1991

  • Professional Experience

    Partner, Zhong Lun Law Firm
    Partner, GFE Law Firm
    Managing Partner, Li De Law Firm
    Lecturer, Guangdong University of Finance & Economics

  • Languages

    Chinese
    English