Canadian Lawyer InHouse

Oct/Nov 2013

Legal news and trends for Canadian in-house counsel and c-suite executives

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Vancouver-based Ritchie Bros. held its first industrial equipment auction in Beijing this past April after a decade of working with the Chinese government to develop industrial auction laws. ever performed at an equipment auction. More than 1,000 people came to the Beijing auction site. Many people in China are unfamiliar with auctions or they associate them only with the sale of fine art and wine. Ritchie Bros. was founded in 1958 and now conducts hundreds of unreserved public equipment auctions around the world each year. In 2012, the company held auctions in 13 countries. Just like any of their other auctions, the Beijing site featured hydraulic excavators, wheel loaders, compactors, cranes, and more. Along with brands like Caterpillar, Komatsu, and John Deere, they also sold equipment made by XCMG, SEM, Jaingong, and others. "You have to be a certain size in order to be able to do that type of thing," says McCarthys' Lee. "If you move down one or two tiers what we see most would be technology and biotech companies — they won't be able to go to China by themselves. If they go to China, they have to find a reliable partner who won't cheat them." Partnering is key Lee says if smaller companies try to start their own business in China it will be expensive and challenging from a bureaucracy perspective. "Our advice to local Canadian companies is unless you're Bombardier, who has been there for many years, you have to be at least $1 billion in turnover otherwise to go it alone into China is going to be costly and difficult," says Lee. Gowlings' Lefebvre advises companies to do the research to understand the various levels of government in China and get to know key partners that can help facilitiate business. Biotech and telco companies are also eyeing China with the hopes there could be greenfield business opportunities in the large developing urban areas, says Your lawyer. Your law firm. Your business advisor. BennettJones-2_IH_Apr_13.indd 1 w w w. c a n a d i a n law y er m a g . c o m / i n h o u s E october 13-02-26 10:29 AM 2013 • 25

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