Chinese Merger Control Law

An Assessment of its Competition-Policy Orientation after the First Years of Application

Nonfiction, Reference & Language, Law, International, Business & Finance
Cover of the book Chinese Merger Control Law by Tingting Weinreich-Zhao, Springer Berlin Heidelberg
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Author: Tingting Weinreich-Zhao ISBN: 9783662438688
Publisher: Springer Berlin Heidelberg Publication: November 19, 2014
Imprint: Springer Language: English
Author: Tingting Weinreich-Zhao
ISBN: 9783662438688
Publisher: Springer Berlin Heidelberg
Publication: November 19, 2014
Imprint: Springer
Language: English

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.

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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.

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