ENG

  • Peng WU

    Equity Partner / Beijing

  • Tel +86-10-5957-2288

    Email wupeng@zhonglun.com

  • Practices

    Antitrust & Competition, Cross-border Investment/M&A, Litigation & Arbitration

  • Industries

    Energy & Power, Information & Intelligence Technology

CV

Peng WU

Mr. Wu has been practicing law since 1993 and has provided legal counseling for dozens of well-known transnational companies. His expertise covers anti-monopoly, litigation and arbitration, international investment and other fields. Mr. Wu has maintained a long-term relationship with many large central or state-owned enterprises, private enterprises, and well-known multinational corporations. With his unique understanding of law and rich experience, Mr. Wu could responds to client needs accurately and provides tailored solutions, and has won long-term trust and widespread praise from clients.

Representative Matters

Special legal affairs of enterprises
Anti-monopoly

  • Provided legal opinions for compliance consulting on anti-monopoly issues for multinational enterprises

  • Rendered legal opinions on possible abuse of dominant market positions by enterprises

  • Represented lawsuits regarding competition law/ possible abuse of dominant market positions under anti-monopoly law

  • Assisted clients in completing declaration of business concentration

  • Provided legal opinions on enterprises under possible monopoly investigation for monopoly pricing

  • Participated in legislative consultation and research regarding anti-monopoly organized by Ministry of Commerce

  • Gave theme lectures in academic seminars hosted by Beijing University, Renmin University and Chinese Academy for Social Science regarding to anti-monopoly issues

  • Gave theme lectures in academic seminars hosted in Japan, Korea and China


Up till now, Mr. Wu has represented the following influential merger filing cases and antitrust investigation cases

  • Antitrust Investigations by NDRC

  • Antitrust investigation against a communication technology company of U.S.

  • Antitrust investigation against Mitsubishi Electric Corporation

  • Antitrust investigation against a Japanese auto parts manufacturer

  • Antitrust investigation against NTN

  • Antitrust investigation against Furukawa Electric Co., Ltd.

  • Advised Wallenius Wilhelmsen Logistics in NDRC’s anti-monopoly investigation

  • Advised OKAYA Electric Industries Co., Ltd. in NDRC’s anti-monopoly investigation

  • Antitrust Investigations by SAIC

  • Antitrust investigation against an IT company of U.S.


Merger Filing

  • Merger filing for the M&A transaction between Panasonic and Sanyo Electric Co., Ltd.

  • Merger filing for the M&A transaction between Sharp Corporation and Pioneer Corporation

  • Merger filing for the (offshore) M&A transaction between Komatsu Ltd. and Nippei Toyama Corporation

  • Merger filing for establishment of a joint venture by Mitsui & Co. (China) and New Hope Group Co., Ltd.

  • Merger filing for M&A transaction between TCL Multimedia Technology Holdings Limited and Toshiba

  • Merger filing for the transaction of business transfer from Hitachi to Panasonic

  • Merger filing for establishment of a joint venture by Jiangsu Rainbow Heavy Industries Co., Ltd and Cagortec Industries

  • Merger filing for acquisition by Mitsui & Co. of stock equity of Tianjin Gateway Industrial Power

  • Merger filing for establishment of a joint venture by Mitsubishi Electric Corporation, Mitsubishi Electric (China) Co., Ltd. and Shihlin Electric International Investment Co., Ltd.

  • Merger filing for merger between Nippon Steel Corporation and Sumitomo Metal Industries, Ltd.

  • Merger filing for acquisition of Sanyo Precision Co., Ltd. by Nidec Corporation

  • Merger filing for SK Telecom’s Acquisition of 21.05% equity in Hynix Semiconductor Inc.

  • Merger filing for establishment of a joint venture by Furukawa Electric in Tangshan, North China

  • Merger filing for establishment of a joint venture in Xiamen by Mitsubishi Electric Corporation

  • Merger filing for acquisition of  Severstal-SSC-Vsevolozhskro by Mitsui & Co. Ltd.

  • Merger filing for establishment of a joint venture company by RIKEN Cable, Ltd. in Tangshan

  • Merger filing for establishment of a joint venture by Sumitomo Corporation and New Hope Liuhe Co., Ltd.

  • Merger filing for establishment a joint venture by Mitsui & Co., SEVEn-ELEVEn Co.,Ltd(China) and South Hope Industrial Co., Ltd

  • Merger filing for establishment of a joint venture by Mitsui & Co. and Celanese

  • Merger filing for establishment of a joint venture in the US by Mitsui & Co. and Idemitsu Kosan Co., Ltd

  • Merger filing in connection with establishment of joint venture by Mitsui & Co., Ltd., Otsuka Pharmaceutical Factory and Claris ( India)

  • Merger filing for establishment of a joint venture by Mitsubishi Electric Corporation and Hefei King Home Electrical Appliance Co., Ltd

  • Merger filing for establishment of a joint venture by Harman (China) Investment Co., Ltd.

  • Merger filing for ADM’s acquisition of stock equity of GrainCorp Limited

  • Merger filing for Funds managed by Blackstone Real Estate Advisors L.P. in its acquisition of more than 50% stock equity of Tysan Group through public offering

  • Merger filing for acquisition by Sichuan Kelun Industry Group of Lijun International Pharmaceutical (Holding) Co., Ltd

  • Merger filing for acquisition by Marubeni Corporation and Marubeni (Beijing) Corporation of Qingdao Runtian Food

  • Merger filing for acquisition by Mitsui & Co. (USA) of 30% equity of Yorozu Corporation held by Yorozu Automobile (Brazil) Ltd.

  • Merger filing for the business reorganization where Mitsuibishi Chemical, Japan Polychem Corporation, and JNC transfer their polypropylene compounds business and JNC’s Long glass fiber reinforced thermoplastics business, respectively, to Japan Polypropylene Corporation

  • Merger Filing of Huizhou TCL Electrical Appliances Corporation’s acquisition of 21% shares of Toshiba Video Products (China) Corporation held by Toshiba Merger filing for the establishment of a joint venture by Metal One and Mitsui & Co. (Steel)

  • Merger filing for ThyssenKrupp (China)’ s transfer of its shares in Huizhou Sumikin to Sumitomo Corporation and Nippon Steel & Sumitomo Metal Corporation

  • Merger filing for ADM’s acquisition of joint control of T5 business of Marubeni Corporation

  • Merger filing in connection with the acquisition of Huizhou Zhujin Forging Co., Ltd by Sumitomo Corporation, Sumitomo (China) Ltd. and Nippon Steel & Sumitomo Metal Corporation

  • Merger filing in connection with the establishment of JV, Oji JEN Green Resources Co., Ltd. by Oji Green Resources Co., Ltd. and JEN Holdings Co., Ltd.

  • Merger filing in connection with the establishment of JV to remanufacture vehicles in China by Mitsui & Co., Ltd., HONEST Co., Ltd. and Shenzhen GEM Co., Ltd.

  • Merger filing in connection with the establishment of JV by Oji Green Resources Co., Ltd. and Itochu ENEX Co., Ltd.

  • Merger filing in connection with the establishment of JV by Komatsu Ltd. and Mitsui & Co. Ltd. in Mexico

  • Merger filing in connection with the acquisition of the shares of Huanxin Logistics by Toyota Tsusho Corporation

  • Merger filing in connection with the establishment of JV to sell automobile accessories by Toyota Tsusho Corporation and Huanxin Group

  • Merger filing in connection with the acquisition of Sumisho Tekko Hanbai Co., Ltd. by Marubeni-Itochu Techno Steel Inc.

  • Merger filing in connection with the establishment of JV by NTN (China) Investment Corporation and Luoyang LYC Bearing Co., Ltd.

  • Merger filing in connection with the establishment of JV by JSR Corporation and Changchun Petrochemical Co., Ltd.

  • Merger filing for Nissan (China) Investment Co., Ltd.


International investment and M&A

  • Assisted enterprises in the submission of bids for large and medium-sized construction projects such as BOT and international engineering contracts, and drafting, reviewing and preparing all kinds of contracts required by the project such as loan facilities agreements, concession agreements, operation agreements and insurance agreements

  • Rendered legal opinions and feasibility analysis on consolidation, merger, assets reorganization and transfer of property ownership to reduce transaction costs and risks, conducting due diligence investigations on the target subject and its affiliates, drafting legal documents in connection with merger, participating in negotiations and supervising the performance and completion of transaction contracts


International finance

  • Drafted, reviewed and prepared all kinds of international loan facilities contracts, financial lease contracts and collateral guaranty contracts, designing financing structure and rendering our legal opinions to the credit side


Intellectual property

  • Drafted, reviewed and prepared technology transfer contracts, technology license contracts, trademarks license contracts, publication license contracts

  • Assisted enterprises in the settlement of disputes over infringement of trademark, patent, copyright, trade secret


Labor affairs

  • Drafted, reviewed and prepared labor contracts, collective labor contracts and by-law of enterprises

  • Provided counseling for enterprises in social insurance, salaries and benefits, staff arrangement for special positions, disputes among staffs

  • Assisted enterprises in the coordination of relationship with labor administrative department and labor union


Arbitration and litigation concerning foreign interests
Mr. Wu has advised on dozens of arbitration and litigation cases concerning trade, equity disputes, product quality and liability. Some influential cases are as follows:

  • Advised Sumitomo Corporation on payment dispute with Hunan Machinery and Equipment Import & Export Corporation in an arbitration case

  • Advised Kyoritsu Seiki Kogyo Co., Ltd. on a contract dispute with Shanghai Jinde Casting Co., Ltd

  • Advised Sumitomo Corporation on a dispute about contracts for purchase and sales of goods with Shandong Foreign Trade Corporation Limited in an arbitration case

  • Advised Marubeni Hong Kong Limited in an arbitration in connection with telephone equipment contracts with China National Instruments Import & Export Corp

  • Advised Sumitomo Corporation (Singapore) PTE Ltd. on contract payment dispute with COFCO Packing Industry Trading Company in an arbitration case

  • Advised Daimler Central Air-conditioning(Huizhou)Co., Ltd. on a dispute

  • Transfer of marketing resources with Shenzhen SUNS Investment Co., Ltd. in an arbitration case

  • Advised Chlorine Engineers Corp, Ltd. on a contract dispute with Cangzhou Chemical Co., Ltd. with the entrustment of Mitsui & Co., Ltd in an arbitration case

  • Advised Sony Corporation on a dispute about TV advertisement

  • Advised Sony Corporation on a dispute about the quality of digital cameras

  • Advised Sony Corporation on a dispute about the quality of personal computer

  • Advised Sony Corporation on a dispute about infringement of trade secret by its senior management

  • Advised Mitsubishi Electric on a contract dispute in a Hong Kong arbitration case

  • Advised Buffalo on international goods business contract dispute in a Hong Kong arbitration case

  • Advised Taisei Corporation on a contract dispute with Zhang He Wan in an arbitration case

  • Arbitration regarding entrusted manufacture contract between ITOCHU Corporation and Shandong Yontai
     

General legal affairs of enterprises

  • Delt with various contract issues occurring during the daily business operations of clients, including drafting, reviewing and preparing third-party processing contracts, sales agency contracts, transportation safekeeping contracts, contract for international purchases and sales of goods, association contract and assisting clients in recovering credits

  • Assisted shareholders’ meeting and board of directors in making decisions, drafting and reviewing their resolutions
    Translated all kinds of legal documents precisely for clients
     

Anti-dumping investigation and responding to action

  • Mr. Wu acted as a Chinese law expert on behalf of Korean enterprises to participate in the first anti-dumping case in China---anti-dumping investigations towards newsprint paper. Thereafter, Mr. Wu has advised many Japanese enterprises on some influential anti-dumping investigations towards stainless steel, PVC and phenol
     

Safeguard investigation

  • In August 2001, Mr. Wu acted as a Chinese law expert on behalf of Japanese steel enterprises to respond to the first safeguard investigation towards some steel products in China. The Chinese government made a final arbitration award in November 2002
     

The operation of foreign invested enterprises

  • Acted as perennial legal counsel for a number of transnational companies and providing a full range of legal services, including making analyses on investment environment in China, participating in negotiations about establishment of equity joint ventures and cooperative joint ventures

  • Drafted, prepared and reviewed feasibility study reports, joint venture contracts, articles of association of WFOEs

  • Provided a full range of legal services for establishment of enterprises, branches or representative offices of enterprises, including proposal approval, approval for articles of association, industrial and commercial registration, tax registration, foreign exchange registration

  • Rendered legal opinions on timing, feasibility and benefits for the dissolution during the period of validity, dissolution at the expiry and bankruptcy

  • Participated in the whole process of liquidation and bankruptcy to protect interests of clients and supervise the lawfulness of the process thereof

  • Zhong Lun Advises JD.com on Strategic Partnership with Tencent

  • KOMATSU Recognized as Well-known Trademark under the help of Zhong Lun

  • Zhong Lun Advises on Anti-Monopoly Clearance for Business Combine between Nippon Steel and Sumitomo Metal

  • Zhong Lun Advises Ningbo Yunsheng Co. Ltd. on acquisition of 79.13% stake in Nikko Electric Industry Co., Ltd.

  • Zhong Lun Provided Legal Services to Foundation for Protection of Chinese Securities Investors

  • Zhong Lun Provided Legal Services to Foundation for Protection of Chinese Securities Investors

  • Zhong Lun Advised Chinese Company in listing on Tokyo Stock Exchange


Honors and Awards

For Individual

"Eminent Practitioner" & "Senior Statepeople", 2018-2022 Chambers Asia-Pacific/Chambers Greater China Competition /Antitrust-

2011-2017 Chambers Asia-Pacific, Competition/Antitrust Band1

MANAGING PARTNER OF THE YEAR, 2015 LEGALBAND

OUTSTANDING LAWYER, 2012 ASIA LAW LEADING LAWYERS- IN MERGERS AND ACQUISITIONS

Memberships & Affiliations

Arbitrator, China International Economic and Trade Arbitration Commission

Researcher, Centre for Private Law Studies Institute of Law, Chinese Academy of Social Science

Part-time Professor, Beijing University, Renmin University of China, China University of Political Science and Law

Vice President, Sino- Japan Civil Law Association

Director, Delos Foundation International

Publications

“Patterns and Identification Criteria of ‘Gun-jumping in Relation to Implementation of Concentration before Receiving Clearance’ in Concentration of Undertakings”

“Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights: a Corporate Compliance Perspective”

“More antitrust probes in the pipeline”

“China Anti-monopoly Law Enforcement Review 2012”

“China – M&A: opportunities and challenges”

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar

  • Education

    LL.B. & LL.M., Graduate School of Kyushu University in Japan
    LL.B., Peking University

  • Professional Experience

    Partner, Zhong Lun Law Firm, 1995 to present
    Partner, Beijing Times Law Firm, 1993 to 1995
    Lectured in Seinan Gakuin University, Japan, 1989-1993

  • Languages

    Chinese
    Japanese
    English