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Chinese Merger Control Eight Years On
European Competition Law Review, (2017) E.C.L.R. Issue 2, p.53-59
Year published: 2017

"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.

In August 2007, the Anti-Monopoly Law (AML) was enacted and came into force around one year later. Over eight years on, with this article, we reflect upon the impact that the law has had on the Chinese society and, more importantly, on government, business and consumers.

This article will focus on a particular aspect of AML enforcement practice: merger control. The remainder of the article is divided into five parts. Section 2 gives an overview on China’s merger control regime. Section 3 focuses on the substance of the merger review by the Ministry of Commerce (MOFCOM), China’s merger control authority, and section 4 about the procedure. Section 5 will pinpoint existing challenges in the merger control practice. In section 6, we will conclude."

This material was first published by Sweet & Maxwell in the European Competition Law Review, (2017) E.C.L.R. Issue 2 (p.53-59) and is reproduced by agreement with the Publishers.