The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E) (Microsoft / BesTV) (Bombardier / CSR Nanjing Puzhen) (Suzhou Erye / Shanghai Fosun)

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China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds [1] and the transaction involves a change of control or the establishment of a joint venture [2]. Despite these requirements, many businesses — both Chinese and multinational — try to avoid such a filing. Multinational companies may fear the potential length and complications that can arise during MOFCOM review, while some Chinese companies may have the (outdated and unsupported) perception that Chinese businesses need not be as rigorous as multinationals in observing the filing requirements. MOFCOM has been working hard to change these perceptions and has made clear that qualifying transactions must

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter, The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E) (Microsoft / BesTV) (Bombardier / CSR Nanjing Puzhen) (Suzhou Erye / Shanghai Fosun), 29 September 2015, e-Competitions September 2015, Art. N° 76184

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