Merger 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

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

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

Suggested Citation

Chin, Yee Wah, Merger Control Under China's Anti-Monopoly Law (September 20, 2012). “Merger Control under China’s Anti-Monopoly Law,” Legal Risk for China Investments E.4.2 (Dividing Point Investment Management, January 2013), Available at SSRN: https://ssrn.com/abstract=2187147 or http://dx.doi.org/10.2139/ssrn.2187147

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

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