Download or read book Chinese Merger Control Law written by Tingting Weinreich-Zhao and published by Springer. This book was released on 2014-11-19 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Chinese State Owned Enterprises and Eu Merger Control written by ALEXANDR. SVETLICINII and published by Routledge. This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Download or read book Chinese State Owned Enterprises and EU Merger Control written by Alexandr Svetlicinii and published by Routledge. This book was released on 2020-12-13 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Download or read book Chinese Merger Control written by Xinzhu Zhang and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's Anti-Monopoly Law went into effect on August 1, 2008. Even though enforcement authorities tend to build their capacity progressively, China has already seen three milestone case decisions in the past year: InBev/Anheuser-Busch, Coca-Cola/Huiyuan, and Mitsubishi Rayon/Lucite. In this article, we elaborate the background of each case and provide in-depth analysis of each decision. In particular, we explore the common characteristics of the cases, the economic theories on which the merger control authority has relied in its merger decisions, and the patterns regarding China's merger policy.

Download or read book Merger Control in China written by Jianzhong Shi and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Competition Policy and Regulation written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation. This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.

Download or read book Comparative Analysis of Merger Control Policy written by Jingyuan Ma and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 13 years of discussion, the anti-monopoly law of the People's Republic of China was promulgated in August 2007 and entered into force a year later. During the legislative process, a particular challenge was to determine the goal of competition law in China. This challenge can be best illustrated by the merger control policy under the Chinese anti-monopoly law, which has been formulated by taking into account economic goals, as well as various social and political considerations. This book takes a comparative perspective in investigating to what extent competition goals may influence merger policy by focusing on four major issues. First, in order to understand why competition law and policy in China incorporates a multitude of policy goals, the legislative history of the anti-monopoly law and merger policy is explored. Second, the evolution of the debate on competition goals in the US and the EU puts the developments in China in a comparative perspective. Third, emphasis is placed on the evolution of incorporating the efficiency goal into merger policy. Finally, given the theoretical debate on competition goals, the book discusses whether competition goals may have an impact on the analysis of merger cases. Taking economic theories and modern economic techniques as the benchmark, the book concludes that the divergent competition goals in China, the US, and the EU lead to a different outcome of merger cases. It also sets out the policy implications for competition policy makers in China. (Series: European Studies in Law & Economics - Vol. 13) [Subject: Economic Law, Competition Law, Comparative Law]

Download or read book China s Merger Control Regime in the Face of Global Integration written by Qian Hao and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China's merger control regime under the Anti-Monopoly Law (AML) was established in 2008, the enforcement record has given rise to growing concern that the system is inherently biased against foreign multinationals. This article conducts an analysis of the evolution of China's merger review system to assess this charge and its implications. China's steady economic development fueled by foreign investment has led to a domestic market featuring strong foreign presence. Foreign-domestic competition figured as an important issue for the policymakers, especially in anticipation of China's entry into the WTO. This concern precipitated the establishment in 2003 of the country's first merger review system, which only applied to M&As by and between foreign companies. Although the AML on its face applies generally to both foreign and Chinese firms, enforcement authorities have only intervened in foreign takeovers. China's merger control regime is different from that of mature market economies and has significant implications for itself as well as foreign investors.

Download or read book Merger Control Review written by Ilene Knable Gotts and published by Law Business Research Ltd.. This book was released on 2017-09-20 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Merger Control Review, edited by Ilene Knable Gotts of Wachtell, Lipton, Rosen & Katz, provides an overview of the process in 38 jurisdictions, as well as a discussion of recent decisions, strategic considerations and likely upcoming developments in Merger Control. Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction - small or large, new or mature - seriously. It is, therefore, imperative that counsel for such a transaction develops a comprehensive plan prior to, or immediately upon, execution of an agreement concerning where and when to file notification with competition authorities regarding such a transaction. The intended readership of this book comprises both in-house and outside counsel who may be involved in the competition review of cross-border transactions. In our endeavour to keep our readers well informed, we have expanded the jurisdictions covered by this book to include the newer regimes as well with several special chapters covering US, EU and Chinese Merger Control in Media and Pharmaceutical sectors. Contributors include: Susan Ning, King & Wood Mallesons; James Langenfeld, Navigant; Goenenc Guerkaynak, ELIG; Mr Jordan Ellison, Slaughter and May."e;Each country section provides an informative overview of recent and expected enforcement trends... A very useful book!"e; - Jean-Yves Art, Associate General Counsel, Microsoft, Belgium

Download or read book The High Wire Balancing Act of Merger Control Under China s Anti Monopoly Law written by Yee Wah Chin and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. These decisions, plus the unconditional clearance of several transactions, reveal MOFCOM's rapidly growing sophistication in analyzing the competition implications of transactions and overall mainstream approach to merger analysis, as well as its continued delicate balancing of competition factors with other considerations. The decisions may also reflect the natural conservatism when acting in what is for China still fairly uncharted territory. They may indicate one approach for a developing competition law regime to establish a body of precedents within the global mainstream while accommodating specific domestic circumstances. A close review of MOFCOM's decisions leads to a conclusion that there remains a risk that the AML merger control process will be politicized and trumped by industrial policy and nationalism. It seems also clear that any accommodation of industrial policy or nationalism is made with a care to minimize distortion of the development of competition law in China. MOFCOM is deftly developing a public record that will support development of AML enforcement generally within mainstream competition law internationally, while addressing in ways primarily off-the-record non-competition domestic concerns. The decisions may reflect the fact that the AML expressly requires consideration of non-competition factors such as China's national economic development. Those published decisions that differed significantly from that of other major competition law jurisdictions are noteworthy in generally imposing conditions where other authorities imposed none or fewer, in the nature of the conditions imposed, and in the possible motivations for the outcomes. This paper considers MOFCOM's AML enforcement record. It summarizes the merger control regime created under the AML and its implementing regulations. It analyzes the statistics through mid-December 2011 and the published decisions through August 17, 2012. Some themes that may be discerned are discussed. First, MOFCOM has achieved flexibility in its implementation of the AML beyond that provided in the statute, especially in the time line for merger review. Second, MOFCOM's inaction in some instances and apparent off-the-record positions in other situations can be explained as ways to accommodate nationalism and industrial policy without creating a record of competition law enforcement skewed by non-competition factors. The paper next reviews the published decisions where nationalism and industrial policy concerns may have been accommodated. The conditions imposed by MOFCOM in several cases appear explicable primarily if industrial policy was considered. Nonetheless, a complete review of the published decisions indicates that MOFCOM's analyses reflect more a skepticism toward analyses of parties' likely conduct post-transaction, as well as a recognition that its only opportunity to address concerns is at the merger control stage, because post-transaction abuse of market power would be within the purview of the State Administration for Industry & Commerce and the National Development & Reform Commission. Where the transaction appears unlikely to affect a significant Chinese industry, MOFCOM appears confident in its merger analyses. The paper closes with recognition of the overall challenge for MOFCOM's development of AML merger control.

Download or read book Anti Monopoly Law and Practice in China written by H. Stephen Harris and published by Oxford University Press. This book was released on 2011-07-05 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.

Download or read book Merger Control Under China s Anti Monopoly Law written by D. Daniel Sokol and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores the factors that drive merger outcomes under China's Anti-Monopoly Law (AML). The paper overcomes the problem of a small number of published merger decisions through a unique practitioner survey of antitrust lawyers across multiple jurisdictions. This survey captures transactions contemplated, but never undertaken (deterred by the merger regime), as well as mergers notified for approval under the AML. The survey allows for broader inferences to be drawn about the development of Chinese antitrust. These include: the welfare standard used in merger analysis, what industrial policy and other political factors may impact merger enforcement, as well as issues of institutional design, transparency, and delay.

Download or read book The Law and Practice of Mergers and Acquisitions in the People s Republic of China written by Seung Chong and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chong draws together issues in China such as transaction structure and process, investment restrictions and merger control, and focuses on practical issues such as the representations and warranties that are typically given in an acquisition.

Download or read book Best Practices for Mergers and Acquisitions in China written by Simone Yew and published by Aspatore Books. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Practices for Mergers and Acquisitions in China provides an authoritative, insiders perspective on key strategies for representing and advising clients involved in mergers and acquisitions in China. Featuring partners from some of Chinas leading law firms, these experts guide the reader through the changing landscape of M&A and explain the factors driving these changes, including the impact of the global economic downturn and the implementation of the new Anti-Monopoly Law. From understanding the increased role of Chinese regulating agencies to navigating the new requirements for M&A clients in China, these authors discuss best practices for doing business within Chinas new merger control regime. These top lawyers reveal their advice on closing a successful merger or acquisition by overcoming cultural challenges, creating strategic alliances, and receiving government approval. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.

Download or read book Merger Remedies in China written by Qian Hao and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its Anti-Monopoly Law (AML) entering into force on August 1st, 2008, China introduced a fully-fledged merger control regime that applies generally to both foreign and Chinese companies. Since then, the Ministry of Commerce (MOFCOM), the designated enforcement agency for merger control under the AML, has moved quickly to issue or draft implementing rules and taken on an enhanced role in reviewing cases. One major development in this process is the application of remedies in merger enforcement and its still-evolving approach. During the first two years since the start of the AML merger control system in China, MOFCOM has conditionally cleared five mergers and made efforts to adopt rules on merger remedies. But China has yet to build up the experience of remedy enforcement. This article explores the developments and issues in this process. It first explains the remedies adopted in the five conditional clearance decisions. Then it provides an analysis of the relevant provisions and newly adopted rules that further reflect MOFCOM's approach to merger remedies.

Download or read book Public Interest Considerations in Merger Control written by Qian Li and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Competition Law in China written by Xiaoye Wang and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.