M&A Under China’s Anti-Monopoly Law: Update

21 Pages Posted: 21 Feb 2012 Last revised: 5 Apr 2015

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: February 21, 2012

Abstract

Since August 2010, China’s Ministry of Commerce has reviewed over 230 notified transactions and issued 5 decisions under the Anti-Monopoly Law. These 5 decisions, plus the unconditional clearance of other transactions, reveal MOFCOM’s rapidly increasing sophistication in analyzing the competition implications of transactions, as well as its continued delicate balancing of competition factors with other considerations. The decisions may also reflect the natural conservatism when acting in what is for China still fairly uncharted territory, a law that became effective only in August 2008. They confirm that China is a major competition law hurdle for cross-border transactions, sometimes surpassing the United States and the European Union. This article reviews developments in merger control under the AML since August 2010, and discusses what they reveal and their implications for cross-border transactions.

Keywords: China, anti-monopoly law, merger control, competition law, antitrust

JEL Classification: K21, L4, L49

Suggested Citation

Chin, Yee Wah, M&A Under China’s Anti-Monopoly Law: Update (February 21, 2012). Victoria University of Wellington Legal Research Paper No. 23/2012. Available at SSRN: https://ssrn.com/abstract=2008639 or http://dx.doi.org/10.2139/ssrn.2008639

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

HOME PAGE: http://www.ywc-antitrust.com

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