Chinese Merger Control Law: An Assessment of its Competition-Policy Orientation after the First Years of Application

✍ Scribed by Tingting Weinreich-Zhao (auth.)

• Publisher: Springer-Verlag Berlin Heidelberg
• Year: 2015
• Tongue: English
• Leaves: 408
• Series: Munich Studies on Innovation and Competition 2
• Edition: 1
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Front Matter....Pages i-xix
Introduction....Pages 1-2
Economic Background of Competition Policy in China....Pages 3-29
Historical Development of Chinese Merger Control Regime....Pages 31-45
Institutional Framework for Enforcement of the AML....Pages 47-54
Objectives and Policy Standards of Merger Control as Embodied in the AML....Pages 55-89
Overview of Published Decisions....Pages 91-149
Scope of Application of Merger Control Law....Pages 151-192
Merger Review Procedure....Pages 193-227
Substantive Merger Control Test....Pages 229-346
Outlook on Judicial Enforcement of Merger Control Law....Pages 347-354
Conclusion....Pages 355-356
Back Matter....Pages 357-393

✦ Subjects

Private International Law, International & Foreign Law, Comparative Law; Emerging Markets/Globalization; International Economic Law, Trade Law