Ms. Shan JIAO is a Partner at Liu, Shen & Associates. She holds a dual degree of LLB & Bachelor of Economics from Peking University (Beijing, China) and a Juris Doctor degree from Columbia Law School (New York, United States). She specializes in antitrust and competition law, SEP-related consultancy and dispute resolution. Her experience covers multiple industries including communication, semi-conductor, Internet, automobile and shipping.

Ms. Jiao has over ten-year experience in SEP-related legal services and gained diverse experience in providing one-stop solution for SEP related licensing, transaction, compliance, administrative proceeding, infringement actions, FRAND actions, ASI and antitrust investigation and litigation. She handled over forty relevant cases and projects, including Samsung v. Huawei, Xiaomi v. InternDigital and Samsung v. Ericsson. Ms. Jiao is experienced with different standards including 4G and 5G wireless communication standards, EVS standard, AVC/HEVC/VVC video codecs standards and Wi-Fi under various scenarios such as smart terminals, auto, software, patent pools, etc.

Ms. Jiao specializes in antitrust and competition law. She assisted clients with merger filing, antitrust investigation defense, initiating antitrust complaint. She also provides antitrust compliance advice and built-in antitrust compliance system. She has represented clients in several landmark antitrust lawsuits.

Representative cases:

-     Samsung v. Ericsson - SEP rate setting litigation, Anti-suit Injunction (ASI) and Anti-anti-suit Injunction (AASI). Ms. Jiao represented Samsung who filed a global rate-setting lawsuit before Wuhan Intermediate Court against Ericsson. Ms. Jiao successfully assisted Samsung to secure a global ASI and AASI order issued by Wuhan Court.

-     Huawei v. Samsung - a series case of patent infringement, invalidation and FRAND rate-setting case (between 2016 and 2019). This high-profile case involves dozens of SEP disputes before Beijing Intellectual Property Court, Shenzhen Intermediate Court and others. Ms. Jiao represented Samsung to establish FRAND defense for SEP injunction, royalty theory and expert witnesses testimony.

-     Xiaomi v. InterDigital - SEP rate setting litigation and Anti-suit Injunction (ASI) . Ms. Jiao represented Xiaomi and sercured an ASI order issued by Wuhan Intermediate Court against Ericsson. This is the first worldwide ASI order ever issued by Chinese courts.

-     National Development and Reform Commission’s antitrust investigation into Qualcomm. As counsel and interpreter for NDRC, Ms. Jiao assisted with on-site investigations and all the important meetings. She participated throughout the entire investigation and provided legal advice.

-     Panjin Dongxing v. Petro China and its subsidiary - Abuse of Market Dominance Action. Panjin Dongxing was a local supplier who sued Petro China and its subsidiary for abuse of market dominance. Ms. Jiao represented Petro China and its subsidiary in this case before Beijing IP Court. The Court accepted nearly all of our arguments and dismissed all of plaintiff’s claims. This case is selected as “Top 10 Typical Antitrust and Competition Cases Since 2014” by Beijing IP Court.

-     Greatview Packaging v. Tetra Pak, Xinjufeng Packaging v. Tetra Pak - Abuse of Market Dominance Action. Ms. Jiao represented Tetra Pak in these follow-on civil actions filed by two competitors after Tetra Pak was fined by Chinese competition authority for abusing market dominance. The cases concerned important legal and economic issued and were heard by Beijing High Court.

-     Mlily v. TDI Suppliers - Price Fixing Action. This is the first civil action against price fixing through tacit collusion. Ms. Jiao represented one of the four co-defendants. The case was first heard by Ningbo Intermediate Court and appealed to the Supreme People’s Court.

-     Maersk Line’s Acquisition of Hamburg Süd. Ms. Jiao assisted Maersk Line with merger filing to China competition authority and remedy implementation after the transaction was approved conditionally. The case was selected as one of the twelve merger filings in the book titled 12 Years of China Antitrust Law.

-     NDRC investigation into the containerized shipping industry. NDRC investigated into containerized shipping companies for charging THC. Ms. Jiao assisted with Maersk Line in responding to the investigation. The case was eventually suspended without fine.

-     NDRC antitrust investigation into the roll-roll industry. The NDRC investigated the price-fixing behaviour of companies in the roll-on-roll-off business. Ms. Jiao represented Compañia Maritima Chilena S.A. and obtained a very favourable result for our client.

Representative Publications:

-     The Changing SEP Landscape in China, LES Japan, Sep 2022

-     Development of Adjudicating Global FRAND Rate in China: A review of OPPO v. Sharp, Year of the Tiger: Antitrust in China, CPI Antitrust Chronicle March 2022

-     Tracking the evolution of standard essential patents in China, Managing IP Special Focus China IP Focus 2021

-     The Current State of SEP Litigation in China, American Bar Association, Antitrust, Vol. 35, No. 2, Spring 2021

-     Managing the Antitrust Risk of Un-notified Concentrations on Undertakings in PRC, Concurrences, 2018

-     China’s Antitrust Regulation on Abuse of IP Rights: A Note to Qualcomm Case, Price Supervision and Anti-Monopoly in China, 2014(8):35-37.

-     Comment on the 2nd Instance Decision of Qihoo v. Tencent for Abuse of Market Dominance, Journal of Science, Technology and Law, 2014(6):1118-1133.

Representative Speech:

-     Panelist, LESI’s Thought Leadership Program 2023-2024 Session#2: Lessons Learned From SEP Litigation, Nov 2023

-     Speaker, Antitrust Issues in Automobile Patent Licensing, 2023 China Fair Competition Policy Publicity Week (State Administration for Market Regulation), Sep 2023

-     Panelist, EUI Centre for a Digital Society Winter Innovation Conference 2023, Regulation of ICT Standards: Local Rules, Global Impact?, Jan 2023

-     Panelist, Berkeley & Tsinghua Law Schools - Fourth Annual Transnational IP Litigation Symposium, High Tech Patent Licensing, Jun 2022

-     Speaker, Recent Landscape of SEP Litigation in China, SEP Research Group Japan, Nov 2021

-     Panelist, Toward A Deeper Understanding: Berkeley Asia IP SEP Talk Series 2021 - Concurrent Litigation and Jurisdictional Competition (Session 2), Aug 2021

-     Panelist, Another year Overshadowed by US trade war? China's Antitrust Enforcement in 2020, Trade War and China's AML enforcement Brown Bag, Jan 2020

-     Speaker, Judicial Developments in SEP Pricing, 2018 China Intellectual Property Forum

-     Speaker, Intellectual Property and Antitrust Law from a Practitioner Perspective, China Chamber of International Commerce, 2017