The Chinese MOFCOM publishes sets of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law

China’s Anti-Monopoly Law (AML), which went into effect on 1 August 2008, establishes China as one of the world’s most important merger review authorities, along with the U.S. and EC. The Anti-Monopoly bureau (AMB) of China’s Ministry of Commerce (MOFCOM) recently shed light on how it will implement the AML merger review provisions in a series of publicly issued guidelines, and in its 18 March decision rejecting a proposed investment in China by The Coca Cola Company (Coke). In January and February, MOFCOM published eight sets of guidelines and regulations on merger review. Two “Guidance Opinions” took effect immediately upon publication, whilst the others remain in draft form and subject to public comments. Key aspects include: 1) the approach to defining the relevant market that will

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Authors

  • White & Case (Beijing)
  • Mattel (Hong Kong)

Quotation

Christopher Corr, Patrick Ma, The Chinese MOFCOM publishes sets of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law, 7 January 2009, e-Competitions Bulletin January 2009, Art. N° 40425

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