Titlebook: Chinese Merger Control Law; An Assessment of its Tingting Weinreich-Zhao Book 2015 The Editor(s) (if applicable) and The Author(s), under e

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https://doi.org/10.1007/1-56898-665-3n law, the Anti-Monopoly Law (“AML”), was promulgated on 30 August 2007 and entered into force one year later on 1 August 2008. The AML introduced to China a legal framework to prevent and restrict monopolistic conducts that affect competition in the Chinese market, with provisions targeted against

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And We Lived Where Dusk Had Meaning,market structures in China. The AML is embedded in the general economic and legal environment in China, and the political and social characteristics that are unique to China have contributed to the formation of Chinese competition policy. The following analysis will therefore shed some light on the

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And We Lived Where Dusk Had Meaning,ss developed, merger review regime prior to the adoption of the AML, which had only been targeted at foreign M&A. The following will highlight some characteristics of this previous merger control regime and trace back the difficulties and challenges the legislature had to overcome when it adopted th

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Interview with Harvey Tulcensky,e drafters of the AML had agreed early on that public enforcement of the Chinese merger control regime should follow the EU administrative model, as opposed to the judiciary regime of the US. They opted for a two-tier enforcement regime, which will be described in the following. Moreover, the indivi

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Interview with Harvey Tulcensky,policies has also been explicitly inscribed into the wording of the AML. The following analysis will examine in depth the objectives pursued by the legislature of the AML and discuss which policy standards are embodied therein. One important and valuable source of interpretation for the goals that t

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And We Lived Where Dusk Had Meaning,ntrol law and MOFCOM’s enforcement practice into the broader context of competition policy. As discussed above in Chap. ., Chinese merger control encompasses a number of different policy goals, including industrial policy considerations, and MOFCOM’s enforcement practice has to fulfil the benchmarks

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And We Lived Where Dusk Had Meaning,ed to reconcile the different policy objectives of Chinese merger control. As discussed above in Sect. ., the main gateways for non-competition objectives to enter MOFCOM’s assessment are Articles 5, 27 No. (5), and 28 sentence 2 of the AML. It has been proposed in Sect. . that MOFCOM should focus o

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And We Lived Where Dusk Had Meaning,ms: on one hand, parties to a merger or third parties may want to challenge merger review decisions rendered by MOFCOM in an administrative lawsuit; on the other hand, parties to a merger may be sued in private actions for damages for having implemented anticompetitive mergers. As will be explained