The Dragon Rises: China’s Merger Control Regime One Year on

Antitrust, Vol. 23, No. 3, pp. 53-59, Summer 2009

7 Pages Posted: 29 Jul 2009  

Joel Mitnick

Sidley Austin LLP

Chen Yang

Sidley Austin LLP

Adrian Emch

Hogan Lovells

Date Written: July 29, 2009

Abstract

During the first year of existence of China’s Anti-Monopoly Law, much has been accomplished but much remains to be developed. In particular, draft regulations in the merger clearance field remain to be finalized, and draft regulations implementing non-merger aspects of the AML have only recently been proposed or have not yet been proposed at all. Moreover, early merger clearance decisions appear to rest on familiar antitrust principles, yet the application of those principles by the Ministry of Commerce (MOFCOM) may be out of step with some merger control regimes around the world. For example, MOFCOM relied in part on the theory of 'monopoly leveraging' to block the proposed Coca-Cola/Huiyuan transaction. In contrast, the U.S. Supreme Court has largely repudiated that theory in the Sherman Act context, and it has not been the used to block transactions under the Clayton Act. Nevertheless, in both substance and procedure, the Chinese antitrust regime continues to mature and, in most respects, to converge with the mainstream of worldwide antitrust enforcement programs.

Keywords: Antitrust, competition law, Anti-Monopoly Law, merger control, China

Suggested Citation

Mitnick, Joel and Yang, Chen and Emch, Adrian, The Dragon Rises: China’s Merger Control Regime One Year on (July 29, 2009). Antitrust, Vol. 23, No. 3, pp. 53-59, Summer 2009. Available at SSRN: https://ssrn.com/abstract=1440795

Joel Mitnick

Sidley Austin LLP ( email )

One First National Plaza
Chicago, IL 60603
United States

Chen Yang

Sidley Austin LLP ( email )

One First National Plaza
Chicago, IL 60603
United States

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