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Mergers Ministry of Commerce China

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: China

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China has developed its own national security review regime over the past years, but the review process and relevant rules and guidance continue to be subject to further clarifications. A ministerial review panel (MRP) was...more

Jones Day

Transaction "Designed" to Evade Merger Control Leads to U.S. and EU Penalties

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The Development: Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring a transaction to avoid premerger notification...more

Skadden, Arps, Slate, Meagher & Flom LLP

China's Antitrust Regulator Ramps Up Scrutiny, Enforcement of Behavioral Remedies

In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China....more

Jones Day

Jones Day Global Merger Control Update - August 2018

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This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide. Over the past few years,...more

Skadden, Arps, Slate, Meagher & Flom LLP

China’s Antitrust Regime: Retooled, Retrenched and (Potentially) Ready for Battle

China has introduced a plan to restructure some of its key governmental institutions, including the operations of its three antitrust enforcement agencies. The new scheme, announced in March 2018, for the first time...more

Jones Day

China Establishes State Administration for Market Regulation to Integrate Antitrust Enforcement

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China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National...more

A&O Shearman

Dawn of a New Era in Chinese Merger Control?

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The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May...more

A&O Shearman

Gun-jumping and Procedural Compliance

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The EU and U.S. competition authorities have been and remain active in enforcing gun-jumping cases, while in recent years other competition authorities across the world, including in China, have also become increasingly...more

A&O Shearman

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

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In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Hidden Risks of MOFCOM’s Simplified Procedure

Three years ago, China’s Ministry of Commerce (MOFCOM) introduced a simplified merger review procedure to reduce the review time for transactions that do not pose significant competitive or industrial policy concerns in...more

Morrison & Foerster LLP

China Imposes Further Guidelines on Chinese Outbound Investments

In response to the rapid decline in China’s foreign exchange reserves in 2016, the People’s Bank of China (“PBOC”), along with the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”)...more

A&O Shearman

Global trends in merger control enforcement

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This report presents our analysis of the application of merger control rules in 2016 by the antitrust authorities in 26 jurisdictions, focussing on the U.S., EU and China. We give you not only the headlines but the story...more

Faegre Drinker Biddle & Reath LLP

A New Era of China's Foreign Investment Regime

On September 3, 2016, the Standing Committee of the National People’s Congress (NPC) adopted the Decision on Revising Four Laws, Including the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises (NPC...more

Cooley LLP

Alert: Top 10 Antitrust Developments and Trends to Watch in 2016

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Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more

Blake, Cassels & Graydon LLP

Legal Trends: China

Buyers listed on the Shanghai and Shenzhen stock exchanges will become more active in the international M&A marketplace in 2016, creating new avenues for liquidity for Canadian investors and new challenges for Canadian...more

Skadden, Arps, Slate, Meagher & Flom LLP

"MOFCOM Lifts Hold-Separate Remedies for the First Time"

In late 2011 and early 2012, China’s Ministry of Commerce (MOFCOM) introduced a new and unique merger control remedy with far-reaching implications. In two separate decisions involving nearly simultaneous global acquisitions...more

Skadden, Arps, Slate, Meagher & Flom LLP

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

Sheppard Mullin Richter & Hampton LLP

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

K&L Gates LLP

What is Simplified under Anti-Monopoly Filing Procedures for Simple M&A Cases?

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The Ministry of Commerce in China (“MOFCOM”) has promulgated a series of implementation regulations as an effort to improve the enforcement of the Anti-Monopoly Law (“AML”), among which two regulations specifically relate to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Navigating Chinese Merger Control: MOFCOM Prohibits P3 Shipping Alliance"

On June 17, 2014, the Anti-Monopoly Bureau of China’s Ministry of Commerce (MOFCOM) issued just the second prohibition decision in its enforcement history, striking down the proposed P3 Network shipping alliance that would...more

Morrison & Foerster LLP

Another Small Step Forward: China Further Clarifies its Notification Procedure for Simple M&A Transactions

Earlier this year, China’s Ministry of Commerce (“MOFCOM”) implemented new regulations under the Anti-Monopoly Law (“AML”) enabling “simple” M&A and joint venture transactions to be eligible for a potentially shorter and less...more

Skadden, Arps, Slate, Meagher & Flom LLP

"China Introduces Simplified Merger Review Provisions to Improve Process"

Over the past several years, companies engaging in mergers, acquisitions and joint ventures have been subject to long and unpredictable competition reviews for transactions notified in China. Although China’s Anti-Monopoly...more

Cadwalader, Wickersham & Taft LLP

China’s Simplified Merger Review Program May Significantly Reduce Wait Times For Certain Global Transactions

MOFCOM announces simplified merger-review program that could accelerate antitrust clearance from Chinese authorities for many transactions. MOFCOM estimates as many as 60% of notified transactions will qualify and receive...more

McDermott Will & Emery

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

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China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.);...more

McDermott Will & Emery

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

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China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures. The outcomes of the investigations are still...more

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