Merger Control under China’s Anti-Monopoly Law

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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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP | Attorney Advertising

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