Ken Dai

Education

- 1998—2002 China University of Political Science and Law, Beijing, LLB

- 2002—2004 University of Bristol, UK,LLM in Commercial Law

 

Working Experiences

- 2003-2006   Junior Associate Llinks Law Offices, Shanghai 

- 2006-2008  Senior Associate Win&Sun Law Offices, Shanghai

- 2009-2010   Partner at  Zhongyin Law Firm, Shanghai Office

- 2011-Present Partner at Dacheng Law Offices, Shanghai Branch

 

Qualifications

- China Lawyer Qualification Certificate, 2004

 

Practice Areas

Investment and M&A: Ken Dai has advised many leading companies on their investments in and outside of PRC for wide range of industries, including port industry, real estate, consumer product, manufacturing, e-commerce, media and advertisement. He also advises multinational companies and state-owned enterprises on their China operations, acquisitions and transactional matters. He has advised one of the largest worldwide shipping services providers, in various investments in numerous domestic ports, including without limitation the Shanghai Yangshan Deepwater Port Phase II , the Ningbo Beilun Port and the Yangzhou Port; advised a leading domestic private holding company in its strategic investment in Shanghai Electric, one of the leading Shanghai state-owned enterprises; advised a leading PRC enterprise in central China in its buy-out of the joint venture partner; advised an European big company in the restructuring of its domestic business, including the provision of deal structure, asset transfer, employees rearrangement and the corporate liquidation.

Antitrust & Competition: as one of the earliest private practitioners focusing on the practice area of antitrust, Ken Dai has advised numerous companies and enterprises (in particular the multinationals) on the various aspects of China Anti-monopoly Law, including without limitation the merger filing, pricing policies, antitrust review of distribution agreement, abuse of market dominance, antitrust & intellectual property rights, private antitrust litigations. He has presenting clients in notification of concentration at Ministry of Commerce; providing clients with anti-monopoly compliance service for business strategies and commercial agreements; representing clients to participate the negotiation and lawsuit concerning monopoly disputes. Ken has provided a Japanese pharmaceutical company with anti-monopoly compliance service in its distribution agreements within China and has provided legal consultation for multinational companies for many times.

Disputes resolution: Ken Dai has over five years experience pertaining to commercial disputes, intellectual property, investments, and real property and has extensive experience in attending court hearings and other contentious proceedings. He has represented the subsidiaries of a Chinese listed company in a lease agreement dispute against a leading multinational and won the case; represented the shareholders of a Shanghai-based real estate company in the equity interests disputes with the amount of more than RMB 400,000,000; represented the founder of a leading online game company in a series of commercial disputes against the investment fund.

 

Working Language

- Mandarin, Cantonese and English

 

Publications 

- Commentaries on the case regarding MOFCOM's conditional clearance of the acquisition of AB by Inbev

- A great leap forward for definition of the relevant market

- Merger Control2009: Substantive Test

- Abuse of IP rights to restrict competition: the understanding of the Article 55 of the Anti-monopoly Law

- The contest between QQ and 360 from the perspective of Anti-monopoly Law

- New Development of the Interoperatibility in EU

 

Social Activities

- Member of Antitrust Committee of International Bar Association

- Member of Competition Committee of Inter-Pacific Bar Association

- Member of Outbound Investment and Antitrust Committee of Shanghai Bar Association

- Member of Asian Competition Forum