Download This PaperMerger Control Under China's Anti-Monopoly Law
“Merger Control under China’s Anti-Monopoly Law,” Legal Risk for China Investments E.4.2 (Dividing Point Investment Management, January 2013)
9 Pages Posted: 10 Dec 2012 Last revised: 14 Jan 2013
Date Written: September 20, 2012
Abstract
Since August 2008, when China’s Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 notified transactions and issued over a dozen decisions. This paper summarizes the merger control regime created under the AML and its implementing regulations. It analyzes the statistics through mid-December 2011 and some of the published decisions through August 17, 2012. MOFCOM has achieved flexibility in the time line for merger review. There remains a risk that the AML merger control process may be politicized and trumped by industrial policy and nationalism.
Keywords: China, competition law, competition policy, industrial policy, nationalism, antitrust, anti-monopoly, merger control, Ministry of Commerce, MOFCOM
JEL Classification: K21, L33, L40, L49
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