A Ten-Year Review of Merger Enforcement in China

The Antitrust Source

Earlier this year, at the dawn of the tenth anniversary of the enforcement of China’s antimonopoly law (AML), the three Chinese antitrust agencies merged into a new agency—the State Administration for Market Regulation (SAMR)—and the Anti-Monopoly Bureau (AMB) within the Ministry of Commerce (MOFCOM), which was responsible for merger reviews in China, is now history. Despite the merger, there has not been any report of significant change with respect to how they handle merger filings. Therefore, it is still worthwhile to examine the past characteristics of MOFCOM’s merger review, which may provide some insights on the future trends in merger enforcement in China.

In this article, published in the August 2018 issue of The Antitrust Source, Edgeworth Partner Dr. Fei Deng and Cunzhen Huang summarize MOFCOM's recent merger reviews following the authors' five-year review in 2013. Through an in-depth analysis of cases in which MOFCOM intervened, as well as an examination of remedies imposed by MOFCOM, the authors' findings suggest that MOFCOM has increased transparency and the sophistication of its analyses over time. 

The Antitrust Source, August 2018. © 2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.



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