Yi Ying

Counsel, Washington, DC, Shanghai

Biography

Overview

Mr. Ying is a member in White & Case's Global Competition Practice Group. His practice focuses on antitrust investigations and litigation, merger clearance and other commercial litigation matters. Mr. Ying represents clients in investigations by various antitrust agencies, including experience before the Department of Justice, the Federal Trade Commission and state agencies. He is also involved in cases in both federal and state courts.

In addition to defending clients in price-fixing cases brought by the US government agencies, Mr. Ying routinely represents clients in cartel investigations brought by antitrust enforcers in a variety of non-US jurisdictions, including, among others, the European Commission, the China State Administration of Market Regulation (SAMR), the Japan Fair Trade Commission (JFTC), and the Korea Fair Trade Commission (KFTC). His clients include both US and non-US companies, individual executives, as well as foreign sovereign entities.

Over nearly a decade, Mr. Ying has successfully advocated or defended clients in complex criminal and civil antitrust and general commercial litigation. His litigant experience includes both settlement negotiations and trial appearances, reflecting his approach to dispositive motions, fact gathering, and trial counseling for clients before agencies and courts.

Mr. Ying also has extensive experience in guiding clients in merger filings before enforcers in other major jurisdictions, such as Europe, Mexico, Canada, China, Japan and Korea.

Mr. Ying's clients benefit from his exceptionally deep knowledge of corporate, export control and white collar compliance, based on his secondment to a multinational enterprise , where he designed and implemented a comprehensive compliance program.

Mr. Ying is also qualified as a Certified Information Privacy Professional for Europe (CIPP/E) by the International Association of Privacy Professionals (IAPP). He is committed to serving pro bono clients on behalf of the Firm. He won the White & Case Pro Bono Award in 2011.

Mr. Ying is a frequent speaker and has widely published articles on various legal topics. He served as a special writer for a Chinese national newspaper focusing antitrust and white-collar enforcement. Mr. Ying has also published news alerts and expert analyses on national legal news platforms and law journals, such as Law360, Concurrences (award nominated) and Washington Legal Foundation.

Mr. Ying obtained his civil law degree (conventional course in Japanese) from an elite college in Tokyo, and, upon graduation, was recruited by one of the largest Japanese conglomerates as a management trainee at its headquarter. Prior to his law school study in the US, Mr. Ying also worked at a Magic Circle law firm, represented clients in several M&A and IPO deals. Mr. Ying was a summer associate in our Tokyo office during his first summer at law school, and spent his second summer with our Washington DC office.

Bars and Courts
New York State Bar
Illinois State Bar
District of Columbia Bar
Chinese National Bar
Education
JD
The Ohio State University

Moritz College of Law

LLB
Waseda University
Tokyo, Japan
Political Science
University of California
Los Angeles
Languages
English
Japanese
Mandarin
Shanghainese

Experience

Antitrust Investigations and Litigation:

Mr. Ying has been a key member in several high-profile antitrust investigations and criminal/civil lawsuits before courts and agencies in various jurisdictions, including:

  • Represented Maruyasu, a major Japanese auto parts manufacture, in a DOJ antitrust investigation, criminal and follow-on civil litigation (shortlisted in Law360's 2018 Competition Group of the Year)
  • Representing Hytera in a complaint against Motorola Solutions for unlawful monopolization
  • Advised a leading international shipping company in a DOJ antitrust/cartel investigation
  • Advised a national pharmaceutical company regarding a subpoena filed by the New York Attorney General
  • Represented CertainTeed, a top U.S. home construction company, in civil antitrust litigation
  • Represented an executive of a leading Japanese auto parts manufacturer in a DOJ cartel investigation.
  • Defended a multinational airline company in an investigation of alleged market allocation and price fixing

Merger Clearance

Mr. Ying has also represented leading multinational companies in merger clearance work, before authorities in China, Canada, Mexico and the US, for a number of high-value transactions, including:

  • Advised Saudi Aramco for its $69.1 billion acquisition of Saudi Basic Industries Corporation (SABIC)
  • Prepared filing for a leading Finnish mining company, Metso Corporation, in its combination with Finnish rival Outotec
  • Represented DIC Corporation, a Japanese fine chemicals company, in its €1.15 billion acquisition of BASF's global pigments business.
  • Advised Midea Group in its joint venture with Electrolux Group
  • Represented Anthem Inc. in its acquisition of Cigna Corp. before the FTC and the DOJ
  • Represented Toyota Industries Corporation, a top Japanese lift truck manufacturer, in its $760 million acquisition of Cascade, the largest U.S. lift truck attachments manufacturer
  • Represented US Foods, a top U.S. food service company, in a multi-billion merger deal with Sysco

Commercial Litigation/Export Control/White Collar/Corporate Compliance

  • Advised a Chinese company regarding a potential violation of US sanction regulations and follow-up legal compliance
  • Designing antitrust, white collar and export control policies and training materials for a global company seeking to standardize its compliance procedures around the world
  • Represented an international bank regarding an investigation conducted by the U.S. Securities and Exchange Commission
  • Advised a multinational company regarding an investigation prompted by former China State Administration for Industry and Commerce in charge of general trade issues
  • Represented a leading US auto parts company in an FCPA investigation initiated by the DOJ
Speaking Engagements

Speaker, "Antitrust Investigation and litigation in the US" (in Mandarin), China Antitrust Summit, December 19, 2018, Beijing, China

Presenter, "Export Control and US Sanctions" (in Mandarin), Hubei Province Bar Association, November 13, 2018, Wuhan, China

Panelist, "Legal Service for One Belt, One Road" (in Mandarin), National Overseas Investment Forum, November 11, 2018, Wuhan, China

Panelist in two sections, October 18, 2014, EU Competition Law Seminar, White & Case Brussels Office

  • "U.S. Economic Theories and Judicial Approaches on Price Signaling Cases"
  • "Recent Developments on China's Merger Control Process"

Organizer and presenter, "Recent Developments and Anticipation of Anti-Monopoly Law Enforcement," September 19, 2014, White & Case Shanghai Office (with Mark Powell, Noah Brumfield, and Alex Zhang)

Presenter, "Introduction to U.S. Antitrust Law" (in Mandarin), The Shanghai Bar Association, 11 September 2014, Shanghai, China

Speaker, "The Impact of China's Newly Introduced Labor Contract Law on Foreign Investors" (in Japanese), The Japanese Institute of International Business Law, Inc., 31 July 2007, Tokyo, Japan

Publications

"What does the DOJ's New Antitrust Compliance Credit Mean to Chinese Companies," White & Case Alert, July 20, 2019 (with Noah Brumfield)

"What To Expect From China's Antitrust Consolidation," Law360 and Concurrences (award nominated), April 5, 2018 (with J. Mark Gidley, Noah Brumfield, and Alex Zhang)

"Hong Kong Competition Ordinance Takes Effect: The Latest Jurisdiction," White & Case Alert, December 17, 2015 (with J. Mark Gidley and Noah Brumfield)

"Below-threshold transactions: Enforcement and exposure," White & Case Insight, November 11, 2015 (with George Paul, Rebecca Farrington, and Noah Brumfield)

"China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law," White & Case Alert, February 13, 2015 (with J. Mark Gidley, Noah Brumfield, Bijal Vakil, and Alex Zhang)

"Blocked Shipping Alliance Reveals Modest Improvement in Chinese Antitrust Review Transparency," Washington Legal Foundation Legal Backgrounder, August 22, 2014 (with Noah Brumfield)

"A Look at 1st M&A Deals Under China's New Review Process," Law360, August 8, 2014 (with Noah Brumfield, Alex Zhang and Lucy Xu)