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Mergers in China: An overview of leading case law

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2016 marks the eighth year of the implementation of China’s Anti-Monopoly Law (“AML”), which entrusted the Ministry of Commerce (“MOFCOM”) in China with the authority to conduct merger control review. Having passed decisions on approximately 1,500 transactions, MOFCOM has quickly established itself as one of the most important competition authorities for global transactions. As Table 1 below shows, MOFCOM has handled an increasing number of transactions over the past few years. During this time, the percentage of conditionally approved and prohibited transactions has declined. Table 1: Yearly Breakdown of MOFCOM Decisions - Total Decisions Unconditional approval Conditional approval Conditional approval % Prohibited Prohibited % 2016 Q1 & Q2 174 174 0 [1] 0% 0 0% 2015 312 310 2 0,6% 0

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Authors

  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Brussels)

Quotation

Cunzhen Huang, George S. Cary, Yiming Sun, Mergers in China: An overview of leading case law, 15 December 2016, e-Competitions Mergers in China, Art. N° 81533

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