PUBLICATIONS & RESOURCES
Analytical Paper on the Importance of Filing with MOFCOM – Recent Penalty Decisions for Failure to Notify
2018, 2018 ABA Conference: ‘Merger Control 101’ Panel
"When carrying out an assessment of where merger notifications in the context of a merger, acquisition or joint venture should be made, it is important to bear in mind the implications and potential penalties of implementing a transaction without clearance. In
China, the Anti-Monopoly Bureau of the Ministry of Commerce in China ('MOFCOM') has been stepping up its enforcement actions against merging parties for failing to notify.
Chinese Merger Control Eight Years On
2017, European Competition Law Review, (2017) E.C.L.R. Issue 2, p.53-59
"As China transitions from a centrally planned to a socialist market economy, there is a need for antitrust regulation.
After all, antitrust law aims to prevent significant distortions of competition, and insufficiently competitive markets run counter to the idea of a market economy.
Analytical Paper on MOFCOM’s Evolving Approach to Remedies
2016, ABA CLE Paper
"In the nine years since MOFCOM started reviewing transactions under the Anti-Monopoly Law of China ('AML'), it has intervened in approximately 30 cases out of over 1,600 filings. In 2017, MOFCOM imposed remedies in seven transactions, compared with only
two in 2016.
Based on reviews of these cases and comparing MOFCOM’s remedies to US and EU decisions on the same cases (where relevant), it seems that MOFCOM continues to be willing to diverge from the decisions of the other regulator ...