Understanding China's Competition Law & Policy: Merger Control as a Case Study

CEU San Pablo University Institute for European Studies Competition Policy Series Working Paper No. 30

47 Pages Posted: 29 Jul 2011

Date Written: May 30, 2011

Abstract

On the first of August of 2008, the Chinese Antimonopoly Law (hereinafter AML) entered into force. Great expectations were created regarding the impact of the new provisions on business operations in China and international transactions of companies active in the Chinese market. The AML set up, for the very first time, a comprehensive system of competition provisions. However, there was a great uncertainty as to whether and how the AML was going to be implemented and applied. Concerns were raised on whether the new rules would facilitate the creation of a level playing field in China or would be used as another protectionist tool against foreign companies. More than two years have elapsed since the entry into force of the new rules and we now have sufficient data to make at least a preliminary assessment of their application, in particular in certain areas such as merger control. This paper makes an in-depth analysis, under a European perspective, of the merger control chapter in the AML and of the Chinese authorities’ enforcement practice.

Keywords: Competition Law & Policy, Merger control, China’s Antimopoly Law (AML), Business in China, Concentration, Prior mandatory notification, Merger procedure, Restriction of competition, Remedies, Efficiencies, Industrial policy

JEL Classification: K21, L4, L5

Suggested Citation

Maillo, Jeronimo, Understanding China's Competition Law & Policy: Merger Control as a Case Study (May 30, 2011). CEU San Pablo University Institute for European Studies Competition Policy Series Working Paper No. 30. Available at SSRN: https://ssrn.com/abstract=1898190 or http://dx.doi.org/10.2139/ssrn.1898190

Jeronimo Maillo (Contact Author)

Universidad San Pablo CEU ( email )

C/Julian Romea, 22; 28003 Madrid
Madrid (Spain)

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