Chinese Merger Control Law: An Assessment of its by Tingting Weinreich-Zhao

By Tingting Weinreich-Zhao

On 1 August 2008 the chinese language Anti-Monopoly legislation entered into strength, introducing a complete framework for pageant legislations to the chinese language marketplace. One set of the recent principles relates to merger keep an eye on. China’s Ministry of trade (MOFCOM) was once nominated because the authority answerable for imposing merger keep an eye on in China and has been actively doing so ever considering that. contemporary years have tested China as probably the most vital merger submitting jurisdictions for cross-border mergers along the european and united states. This paintings evaluates the chinese language merger keep an eye on legislation regime and MOFCOM’s decision-making perform after greater than 5 years of program. particularly, it assesses which coverage pursuits (competition coverage targets or business coverage concerns) be triumphant within the written legislation and its program and offers feedback for an additional development of the legislations – with the purpose to enhance a clear merger keep watch over regime that promotes long term fiscal progress in China.

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

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Whereas the State Council 2005 Opinions only “permitted” private investments, the State Council 2010 Opinions openly “encouraged” such investments. Moreover, not only have the State Council 2010 Opinions widened the scope of private investments,77 but also the preexisting sectors and industries for private investments have been further specified. Another merit of the State Council 2010 Opinions lies in the fact that they clearly define and limit, for the first time in Chinese legislation,78 the scope of state investments: Section 1(2) of the State Council 2010 Opinions stipulates that “state investments shall mainly take place in sectors that concern national security, or where resources cannot be effectively allocated by the market”.

1 Wash. U. Global Stud. L. Rev. html, last accessed 12 January 2014. 47 Nee, Competition Law in China, 2010, p. 5. 48 Naughton, The Chinese Economy, 2007, p. 60. 49 Lo/Tian, Foreign Business and Investment in China, 2009, p. 3. pdf, last accessed 12 January 2014, p. , who note that the organisation of the Chinese economy was hereby transformed into a so-called multi-layer-multi-regional form. 51 In the first years of economic reforms, many measures were undertaken to enhance efficiency and productivity of SOEs.

All abovementioned regulations are applicable to all forms of FDI, whether greenfield investments or M&A. asp? intItemID¼3164&lang¼1, last accessed 17 June 2012. 107 Lo/Tian, Foreign Business and Investment in China, 2009, p. 371. htm, last accessed 12 January 2014, English translation at 16/3 CLP 71–75 (2002). pdf, last accessed 12 January 2014. 3 Policies on Foreign Direct Investments 25 all FDIs were carried out in line with domestic economic development plans. 110 According to Article 4 of the FDI Regulations, foreign investment projects are divided into four categories (encouraged, permitted, restricted, and prohibited).

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