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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