FOREWORD: CHINA - COOPERATION AGREEMENTS - MERGERS - MOFCOM - RISKS OF DIVERGENCE
A piece of China’s wall
The Chinese competition authority (MOFCOM) is a new player on the international competition enforcement stage. Its growing influence raises new risks of diverging opinions on global agreements or mergers between the USA, the EU and China. This paper comments on this risks as illustrated by the P3 case.
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On June 17, 2014, an unprecedented event troubled the small world of competition law. The Chinese Ministry of Commerce (MOFCOM) objected to the cooperation agreement between the three sea freight market leaders, Maersk, MSC and CMA-CGM, known as the P3 agreement, which had just been accepted by the American maritime authorities and the European Commission in the spring of 2014. The disappointment of the companies concerned stems from the fact that the Americans and Europeans are deemed to be the guardians of the competition doctrine. They therefore did not expect a transatlantic double green light to be challenged by an authority that applies more recent
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