The Chinese MOFCOM Enforces Telecoms Regulations in AML Merger Review (Wal-Mart/Yihaodian)

E-Competitions, No. 51263, April 2013

3 Pages Posted: 4 May 2013

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: January 16, 2013

Abstract

The results of MOFCOM's review in Wal-Mart’s acquisition of control of Yihaodian is a reminder that non-competition factors play significant roles in AML merger control. MOFCOM’s decision in Wal-Mart/Yihaodian may be a striking "throw back" to the Coca-Cola/Huiyuan and Mitsubishi Rayon/Lucite approaches of 2009. Unlike the more recent detailed decisions in Seagate/Samsung, Western Digital/Hitachi and Google/Motorola Mobility, the Wal-Mart/Yihaodian decision is almost as brief as the earliest decisions. The competition analysis presented in the decision has little to do with the remedy imposed. The conditions imposed effectuate industrial and/or regulatory policy more than they ameliorate any threat to competition. The decision essentially mandates compliance with foreign investment and sectoral regulations.

Keywords: MOFCOM, ministry of commerce, China, anti-monopoly, merger control

JEL Classification: K21, L40, L41, L42, L43, L49, L52

Suggested Citation

Chin, Yee Wah, The Chinese MOFCOM Enforces Telecoms Regulations in AML Merger Review (Wal-Mart/Yihaodian) (January 16, 2013). E-Competitions, No. 51263, April 2013, Available at SSRN: https://ssrn.com/abstract=2260474

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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