Chinese Merger Control Law: An Assessment of its by Tingting Weinreich-Zhao

By Tingting Weinreich-Zhao

On 1 August 2008 the chinese language Anti-Monopoly legislations entered into strength, introducing a accomplished framework for festival legislation to the chinese language industry. One set of the hot principles relates to merger regulate. China’s Ministry of trade (MOFCOM) used to be nominated because the authority accountable for implementing merger keep watch over in China and has been actively doing so ever in view that. contemporary years have tested China as probably the most vital merger submitting jurisdictions for cross-border mergers along the european and united states. This paintings evaluates the chinese language merger regulate legislation regime and MOFCOM’s decision-making perform after greater than 5 years of software. particularly, it assesses which coverage objectives (competition coverage targets or business coverage issues) succeed within the written legislations and its program and offers feedback for one other development of the legislations – with the purpose to boost a clear merger regulate regime that promotes long term financial progress in China.

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Additional info for Chinese Merger Control Law: An Assessment of its Competition-Policy Orientation after the First Years of Application

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Some other governmental regulations did contain general provisions addressing the competitive effects of business concentrations but lacked operability. For instance, the State Commission for Economic Restructuring and the National Economy Commission jointly issued the “Opinions on the Establishment and Development © Springer-Verlag Berlin Heidelberg 2015 T. 3 Although the above-mentioned provisions are based on the general idea of the necessity to control enterprise mergers so as to prevent them from harming competition, they lacked operability and hence served as mere general guidelines, expressing the intention of the government.

J. Int’l L. 643, 661 et seq. cfm? abstract_id¼1738024, last accessed 12 January 2014. htm (in Chinese), last accessed 12 January 2014. 75 国务院关于鼓励和引导民间投资 健康发展的若干意见, see Chinese version at http://www. htm, last accessed 12 January 2014, English 72 18 2 Economic Background of Competition Policy in China Important Work Division for Encouraging and Guiding the Healthy Development of Private Investment”76 on 22 July 2010, which specifies which ministries and departments are responsible for promoting private investments in a given sector.

U. Global Stud. L. Rev. 201, 219 (2002). 4 Ma, M&As of SOEs, 2005, p. 87. 5 Sprick, ZChinR 2008, 122, 123. 6 Sprick, ZChinR 2008, 122, 123. htm, last accessed 12 January 2014. 8 After issuance of some isolated provisions that emphasised that foreign investments must not distort competition in the Chinese market,9 the first operable merger control rules were finalised in 2003. 12 The legal framework was complemented by the “Guidelines on Anti-Monopoly Filings for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors”, issued by MOFCOM on 8 March 2007 (“Guidelines 2007”),13 which contained additional provisions on the review procedure.

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