Susan Ning

NING, Susan (Xuanfeng)

Areas of Practice

Ms. Ning holds a Bachelor of Laws from Peking University and a Master in Law from McGill University. She was admitted as a Chinese lawyer in 1988.

Ms. Ning joined King & Wood Mallesons in 1995. She is a partner and the head of the Compliance Group. Ms. Ning’s main areas of practice include cybersecurity and data compliance, and antitrust and competition law. In addition, Ms. Ning also practices international trade and investment law. 

Cybersecurity and Data Compliance

As the value of data for business competition increases, Ms. Ning is one of the pioneers engaged in the cybersecurity and data compliance sector and has a professional team of lawyers with interdisciplinary backgrounds. Ms. Ning’s practice areas include: assisting clients in establishment of enterprise data compliance system (including personal information protection); assisting clients in formulating and modifying privacy policy and compliance plans; assisting clients in developing cross-border data transmission plans; assisting clients in developing data commercialization compliance programs; assisting clients in self-assessment of cybersecurity and data compliance; assisting clients in conducting internal training on cybersecurity and data compliance; assisting clients in responding to cybersecurity inspections; assisting clients in responding to network security emergencies; assisting clients in telecom regulation and cybersecurity compliance concerning cloud services; providing clients with review and consultation services concerning cross-border transfer of evidence in litigation and arbitration; providing consultation services on data compliance in frontier areas such as blockchain, artificial intelligence, and Internet of Things.

Ms. Ning specializes in assisting companies to establish and improve cybersecurity and data compliance systems in compliance with requirements of China, the European Union (GDPR), the United States and other jurisdictions, to protect the global flow and commercialization of enterprise data. Ms. Ning has assisted companies in sectors such as IT, communications, mobile payment, intelligent connected vehicle (ICV), finance, media, energy, aviation, chemical and manufacturing. Representative projects are as follows: 

Cybersecurity and Data Compliance under PRC Cybersecurity Law (“Cybersecurity Law”)

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Cybersecurity and Data Compliance under PRC Cybersecurity Law (“Cybersecurity Law”)

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  • Assist a domestic clearing institution in its data compliance system and provide legal advice on the legality of its overseas branch’s access to domestic data platform. 
  • Assist a renowned domestic company engaging in Internet news and information in the personal information protection compliance project, including due diligence on internal network security and data compliance based on compliance obligations under the Cybersecurity Law and its supporting measures. 
  • Assist a famous domestic mobile phone manufacturer in the personal information protection project, including identifying relevant risk points, proposing corresponding rectification proposals and conduct compliance training for employee in accordance with compliance obligations under the Cybersecurity Law and its supporting rules. 
  • Assist a renowned international company in consumer goods industry in due diligence on the data compliance of its suppliers regarding a data commercialization application project and provide data compliance consultation services.
  • Assist a globally renowned mobile Internet enterprise to communicate with government agency on data access issues, submit legal analysis and provide compliance advice on the collection and processing of personal information involved in its cloud computing services. 

GDPR Data Compliance

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GDPR Data Compliance

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  • Assist a famous well-known domestic fin-tech enterprise in the multi-jurisdictional data compliance project, including conducting due diligence on data processing activities of various business lines in accordance with GDPR requirements, identifying compliance risks in the data life cycle, proposing corresponding rectification opinions; updating and localizing the internal data compliance system for the company in accordance with diversified legal and regulatory requirements of other jurisdictions in which the company conducts business.  
  • Assist a globally famous automobile manufacture in GDPR data compliance project, sort out collection, storage, use of personal data and cooperation with third parties possibly involved in the company’s EU business, analyze the potential issues concerning GDPR and provide suggestions for rectification. 
  • Assist a well-known domestic mobile phone operating system operator in the GDPR data compliance project, including revising privacy policy and terms of use, formulating internal compliance management policies; determining the country where the European data center to be located; selecting and appointing data protection officer; assisting the company in signing standard agreement concerning cross-border transfer of data; applying for third-party GDPR compliance certification, etc.
  • Assist a renowned international computer operating system developer in GDPR data compliance project, including reviewing the existing global privacy policy, identifying the compliance risks which do not comply with the requirements of the Cybersecurity Law and GDPR, proposing a feasible improvement program and conducting GDPR compliance training for employees.

In order to grasp the latest developments and regulatory trends in big data legislation, the KWM cybersecurity and data compliance team, led by Ms. Ning, is a member of the Information Security Management Working Group in the National Information Security Standardization Technical Committee, the Big Data Standards Working Group in National Information Technology Standardization Technical Committee and the National Artificial Intelligence Standardization General Group and actively participates in the formulation of industry standard of big data. 

Antitrust and Competition Law

With the implementation of the Anti-Monopoly Law (AML) on August 1, 2008, Ms. Ning began to fully engage in the area of anti-monopoly and anti-unfair law. Her practice in this area mainly includes merger control filings, antitrust investigations, compliance and antitrust litigation.

King & Wood Mallesons officially established its Antitrust Group in 2003, which was the first specialized practice division in this area among Chinese law firms. Prior to the enactment of the AML in 2008, Ms. Ning took a very active role in assisting and consulting with the Chinese Government on the drafting of the AML. Since the enactment of the AML, she continued to be actively involved in drafting regulations, measures for implementation and guidelines accompanying the AML. Through these consultations and her extensive experience in helping clients to deal with antitrust investigations, Ms. Ning built and maintained a close working relationship with the antitrust authorities in China.

Since 2003, Ms. Ning and her team have undertaken hundreds of antitrust merger control filings on behalf of clients, mostly consisting of multinational corporations from industries such as chemical and manufacturing, semiconductors, luxury goods, transportation, hotels, automobiles, high technology, finance, trade, telecommunications, energy and the Internet. Ms. Ning has also assisted a number of clients on confidential investigations of cartel conduct, resale price maintenance and abuse of market dominance and represented several landmark litigation cases in relation to monopoly agreement and abuse of market dominance.Ms. Ning has advised a number of clients regarding establishing and improving their antitrust and competition compliance systems and conducting internal audits.

Ms. Ning’s representative projects include: 

Merger Control Filings

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Merger Control Filings

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  • Represent Praxair in the merger filing of Praxair and Linde.
  • Assist Tronox, a globally renowned supplier of inorganic minerals and chemicals in the merger filing of its acquisition of the titanium dioxide business of Cristal, another leading company in the same industry and obtain clearance without condition. 
  • Assist Hisense in the merger filing of its acquisition of equity of Toshiba
  • Represent Mead Johnson in the merger filing of Reckitt Benckiser Group’s acquisition of equity of Mead Johnson.
  • Represent Lam Research in merger filing of merger of Lam Research and KLA-Tencor.
  • Assist Chinese shareholders of Blueair in merger filing of Unilever’s acquisition of Blueair.
  • Assist Sherwin Williams, a leading brand in the U.S. coating industry in merger filing of its acquisition of Valspar, another industry-leading company for $ 11.3 billion. 
  • Assist Alcatel-Lucent in the merger filing of Nokia’s acquisition of equity of Alcatel-Lucent.
  • Assist in the merger filing of establishment of a joint venture by Corun, Toyota China, PEVE, Xin Zhong Yuan and Toyota Tsusho. 
  • Represent Nokia in the merger filing of Microsoft’s acquisition of equipment and services of Nokia.
  • Assist Pfizer in the merger filing of Pfizer’s acquisition of Wyeth.

Antitrust Investigations and Compliance

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Antitrust Investigations and Compliance

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  • Represent a RORO shipping company to apply for leniency treatment in an investigation initiated by NDRC against an international cartel and assisted the client to obtain full immunity.
  • Represent an auto part companies to apply for leniency treatment in an investigation initiated by NDRC against an international cartel and assisted the clients to obtain full immunity.
  • Represent an auto part companies to apply for leniency treatment in an investigation initiated by NDRC against an international cartel and assisted the clients to receive fine reduction by 40%.
  • Represent an auto part companies to apply for leniency treatment in an investigation initiated by NDRC against an international cartel and assisted the clients to receive fine reduction by 20%.
  • Represent a multinational smelting company on a complex antitrust dispute involving three different types of legal proceedings (international arbitration for IP infringement, civil antitrust litigation and administrative antitrust investigation), and assisted client in settlement with plaintiffs. The NDRC did not impose any punishment eventually.
  • Represent a Standard Setting Organization in the antitrust investigation initiated by the NDRC on alleged abusive conducts, and assisted client to reach settlement with whistleblower and investigation agency. Eventually, the NDRC did not impose any punishment.
  • Represent a technology licensing company in the antitrust investigation initiated by the NDRC on alleged excessive pricing and other abusive conducts and assisted client to provide materials accordingly and positively communicate with the investigation agency. Eventually, the NDRC did not impose any punishment.
  • Represent a pharmaceutical company in the antitrust investigation initiated by the NDRC and assisted client to provide materials accordingly and positively communicate with the investigation agency. Eventually, the NDRC did not impose any punishment.
  • Represent an international pharmaceutical device company in antitrust investigations initiated by the SAIC and NDRC and eventually the SAIC and NDRC did not impose any punishment.

Antitrust Litigation

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Antitrust Litigation

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  • Represent the client in bringing a suit before the Higher People's Court in Jiangsu province against IDC (InterDigital Technology Corporation) and several other defendants accusing them of abuse of dominance in relation to SEP license issues. We assisted the client to reach a favorable settlement agreement with the defendant at last.
  • Advise Huawei in its lawsuit again IDC for abuse of dominant position. This is the first antitrust litigation in China involving intellectual property issues relating to SEPs.
  • Represent Qihoo in bring a suit again Tencent with respect to abuse of dominant position. This is the first antitrust litigation in China to involve comprehensive analysis of competition law and the first competition case to be heard by the Supreme People’s Court.

International Trade and Investment Law

Ms. Ning started to practice international trade and investment law since 1995. She was one of the earliest Chinese lawyers in this area and has been widely recognized among her peers. Ms. Ning's areas of practice in international trade include foreign direct investment (FDI), anti-dumping and countervailing duty. In 1997, Ms. Ning represented the client in the first anti-dumping investigation case in China. In 2002, Ms. Ning participated in the first WTO case after China’s accession to the WTO where Ms. Ning represented the MOFCOM filing against U.S. safeguard measures on steel imports from China. 

In 2008, Ms. Ning led the firm's Olympics legal counsel team - the firm was chosen as the sole Chinese legal counsel to the Beijing Organising Committee of the Games of the XXIX Olympiad. As head of the team, Ms. Ning provided a wide range of legal advice by reviewing, drafting, and revising various Chinese and English legal documentation as well as participating in many key negotiations.

Work Experience

Susan Ning is a highly regarded lawyer at home and abroad. She currently serves as the deputy Chairman of the Antitrust Committee of the All China Lawyers Association and is an active participant of the Inter-Pacific Bar Association and American Bar Association’s antitrust forum. Her articles on the AML have been published by esteemed international competition law journals and publications, including Euromoney’s Competition & Antitrust Review and Global Competition Review. She also wrote the Practice Guide to China Antimonopoly Law (published by CCH).

Ms. Ning and her team are highly acclaimed in the Chinese antitrust practice. For eight consecutive years since 2010, Susan has been listed in Who’s Who Legal: Competition. From 2012 to the present, Ms. Ning has been continuously ranked as a Band 1 Leading Individual in China by the renowned rating agency Chambers Asia Pacific edition . In 2017, Susan was voted as Leading Individual in Legal 500 2017 rankings; Market Leading Lawyer by Asialaw Profiles; has been named to the Who’s Who Legal list of legal experts 2017. In 2016, based on the votes and recommendations of hundreds of in-house counsels, Susan has been commended as “In-House Community External Counsel of the Year” by one of the most well-known legal media in Asia, In-House Community. Under her leadership, in 2018, KWM antitrust and competition team was recognized as ALB Antitrust & Competition Law Firm of the Year and Competition and Antitrust - the PRC Law Firm of the Year by China Business Law Journal; in 2017, it was recognized as “Top-tier” law firm in Antitrust and Competition by Legal 500 and Aisalaw Profiles. Susan and her team received various similar awards in their previous practice as well.

Major Publications

Cybersecurity and Data Compliance

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Cybersecurity and Data Compliance

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  • International Comparative Legal Guide to Data Protection 2019 China Chapter;
  • International Comparative Legal Guide to Cybersecurity 2019 China Chapter;
  • “The Wise and Informed Adapts to the Changing Time and Circumstances Discussing the Issues on ‘Information Technology – Personal Information Security Specification’ from a Practical Perspective”, LexisNexis China Legal Review, January 2018;
  • “Observations and Perspectives on the 1st Year Implementation of CSL, on 2017 Final Issue of LexisNexis China Legal Review”, LexisNexis China Legal Review, December 2017;
  • “Cybersecurity and Data Protection Issues in Chinese Enterprises’ Outbound Acquisition in the Context of ‘One Belt and One Road’”, Journal of Shantou University Journal of Cyber Affairs, Vol. 7, 2017; 
  • “Brief Analysis on the Impact of Data on Competition in the Big Data Era”, Journal of Shantou University Journal of Cyber Affairs, Vol. 5, 2017; 
  • “Whether ‘Big Data’ Could Facilitate Monopoly in the Platform Economy and How We Shall Step In”,Competition Policy International, June 2017; 
  • “Data Compliance Series 1 -- Reflections on the Facebook Incident”, KWM China Law Insight, March 2018;
  • “Important Things Must Know Since Cybersecurity Law Took Effect”, KWM China Law Insight, August 2017;
  • “Brief Analysis on the Regulations for the Security Protection of Critical Information Infrastructure (Exposure Draft)”, KWM China Law Insight,2017年7月;
  • “Petya Attack Makes It A Proper Time to Prepare Emergency Plan for Cybersecurity Incidents”, KWM China Law Insight,June 2017;
  • “Security of ‘NEW’ Internet services remains under ‘Supervision’”, KWM China Law Insight, June 2017;
  • “The Cybersecurity Law and its Supporting Rules Take Off Today”, KWM China Law Insight, June 2017.

Antitrust and Competition

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Antitrust and Competition

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  • “China Anti-Monopoly Law Guide”, published by CCH;
  • “GCR Know-how—IP & Antitrust 2017”, Global Competition Review;
  • “GCR Know-how—Private Litigation 2017”, Global Competition Review;
  • “Practical Law Global Guides: Competition Guide—China Merger Control Q&A”, Thomson Reuters;
  • “Practical Law Global Guides: Competition Guide—China Restraints of Trade and Dominance Q&A”, Thomson Reuters;
  • “Practical Law Global Guides: Cartel Leniency Guide—China Q&A”, Thomson Reuters;
  • “The Cognizance of Vertical Price Monopoly Agreement—The Fusion of Administration and Judicature, KWM China Law Insight, KWM China Law Insight, July 2017;
  • “On the Revision of Measures for the Administration of Automobile Sales—From the perspective of Anti-monopoly”, KWM China Law Insight, April 2017; 
  • “Focusing on the Antimonopoly Guide of State Council on Intellectual Property”, KWM China Law Insight, March 2017; 
  • “Regulation on ‘Exclusive Arrangements’”, KWM China Law Insight, March 2017;
  • “Monopoly Issues in Sharing Economy”, KWM China Law Insight, December 2016;
  • “Analysis on Abuse of Comparatively Advantageous Position”, KWM China Law Insight, November 2016;
  • “Abuse of Dominance: New Developments in the Tetra Pak Decision”, KWM China Law Insight, November 2016; 
  • “Anti-Monopoly Laws and Regulations On Information Exchange in Major Jurisdictions”, KWM China Law Insight, August 2016; 
  • “Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement”, KWM China Law Insight, August 2013. 

AQ Contact

AQ Contact
Susan Ning is one of our AQ contacts.
Legal insights

This article will focus on the application of the Specification from a practical perspective.

07 February 2018

The implementation of the Cybersecurity Law that marks a new stage of development for China's cybersecurity supervision.

10 January 2018

Such a short period saw numerous changes in legislation and law enforcement.

15 August 2017

How should companies deal with cybersecurity incidents in China?

04 July 2017