King & Wood Mallesons

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China’s Anti-Monopoly Law: review of merger control and merger remedies regime in China from 2008–13

By Susan Ning, Hazel Yin, Zheng Ziqing and Ji Kailun

1 August 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (AML). Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.

During the past five years, the Ministry of Commerce (MOFCOM), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and one case that was denied. MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime. This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.

As of 30 June 2013, MOFCOM received 754 cases in total, officially accepted 690 cases and cleared 643 of them, including 18 conditionally approved cases and one forbidden case (Coca-Cola’s acquisition of Huiyuan). The following chart indicates the yearly statistics of all cases cleared (with or without conditions) and cases conditionally approved by MOFCOM…

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