Merger Control under Chinese Anti-Monopoly Law
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
this paper aims to discuss the issues that have been raised and lessons that have been learned in the early stage of implementing the AML. Accordingly, the Chinese merger control regime and some policy issues will be addressed and examined, such as notification, scope of merger review, assessment of merger review, national security review of merger by foreign companies and merger review procedures. The implications of relevant merger cases will also be evaluated. It is still too early to fully evaluate the effect and impact of the AML, even with the publication of recent merger cases and major pending implementing measure. Within such limits, however, it would be meaningful to examine Chinese competition authority's evolving perspective on merger review, most importantly on its merger controlling standard and enforcement policy in relation to merger control. It seems that there is a positive trend for China to move closer to global standard in terms of merger review regime but there still is room for improvement in transparency and certainty in enforcement practices.
Abstract
this paper aims to discuss the issues that have been raised and lessons that have been learned in the early stage of implementing the AML. Accordingly, the Chinese merger control regime and some policy issues will be addressed and examined, such as notification, scope of merger review, assessment of merger review, national security review of merger by foreign companies and merger review procedures. The implications of relevant merger cases will also be evaluated. It is still too early to fully evaluate the effect and impact of the AML, even with the publication of recent merger cases and major pending implementing measure. Within such limits, however, it would be meaningful to examine Chinese competition authority's evolving perspective on merger review, most importantly on its merger controlling standard and enforcement policy in relation to merger control. It seems that there is a positive trend for China to move closer to global standard in terms of merger review regime but there still is room for improvement in transparency and certainty in enforcement practices.
참고문헌 (12)
- Nathan Bush, "Limited Lessons from China's Merger Rulings", www.antitrustsource.com, 2~ (2009)
- H. Stephen Harris, Jr, "Interview with Shang Ming", www.antitrustsource.com, 2~ (2009), Director General of the Anti-Monopoly Bureau Under the Ministry of Commerce of the People's Republic of China
- Susan Ning, "When M&A Encouters Anti-Monopoly Gatekeeper: PRC Anti-Monopoly Enforcement Authority's decisions in three recent M&A proposals triggering concentration of operators", King & Wood, 6~ (2009), China bulletin, August 2009
- "ICN Investigative Techniques Handbook or Merger Review", International Competition Network, 16~17 (2005)
- "The SASAC says the restructure of central enterprises does not need Anti-Monopoly reivew by the Ministry of Commerce"[URL]
- Fang Xiaomin, "An introduction to merger control under China's Anti-Monopoly Law", International conference organized by Korea Competition Law Association and Center for Competition Law, pp.51~ (2009)
- OECD, "DAF", COMP, SIEC test, 2009[DOI]
- "Council Regulation (EEC) No 4064", 89 of 21 December, 1989 on the control of concentrations between undertakings, 1989
- U.S. Department of Justice, "Justice Department Requires Diverstiture in InBev's Acquisition of Anheuser-Busch (Nov. 14,2008)", ~, http:
- Notice, "Notice (2008) No.95 of the Ministry of Commerce of the People's Republic of China issued by Ministry of Commerce on November 18, 2008", ~ (2008), http:
- Matthew Murphy, "China's New Anti-Monopoly Law-an analysis of recent decisions regarding foreign investment and trade", www.mmlcgroup.com, 6~ (2009)
- Wang Xiaoye, "Comments on the MOFCOM's decision involved Coca-Cola & Huiyuan", nternational conference organized by Korea Competition Law Association and Center for Competition Law, pp.64~65 (2009)