Chinese Merger Control Law

On 1 August 2008, the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China's Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China, and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM's decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application, and provides suggestions for a further improvement of the law - with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.

Inhalt

1. Introduction.- 2. Economic Background of Competition Policy in China.- 3. Historical Development of Chinese Merger Control Regime.- 4. Institutional Framework for Enforcement of the AML.- 5. Objectives and Policy Standards of Merger Control as Embodied in the AML.- 6. Overview of Published Decisions.- 7. Scope of Application of Merger Control Law.- 8. Merger Review Procedure.- 9. Substantive Merger Control Test.- 10. Outlook on Judicial Enforcement of Merger Control Law.- 11. Conclusion.