Chinese Merger Control Law
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Chinese Merger Control Law
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Author : Tingting Weinreich-Zhao
language : en
Publisher: Springer
Release Date : 2014-11-19
Chinese Merger Control Law written by Tingting Weinreich-Zhao and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-19 with Law categories.
On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.
Chinese State Owned Enterprises And Eu Merger Control
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Author : Alexandr Svetlicinii
language : en
Publisher: Routledge
Release Date : 2020-12-13
Chinese State Owned Enterprises And Eu Merger Control written by Alexandr Svetlicinii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-13 with Business & Economics categories.
This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.
Anti Monopoly Law And Practice In China
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Author : H. Stephen Harris
language : en
Publisher: Oxford University Press
Release Date : 2011-07-05
Anti Monopoly Law And Practice In China written by H. Stephen Harris and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-05 with Law categories.
The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.
Competition Policy And Regulation
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Competition Policy And Regulation written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation. This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.
The Law And Practice Of Mergers And Acquisitions In The People S Republic Of China
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Author : Seung Chong
language : en
Publisher:
Release Date : 2007-10-25
The Law And Practice Of Mergers And Acquisitions In The People S Republic Of China written by Seung Chong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Law categories.
In this new book Seung Chong draws together issues in China such as transaction structure and process, investment restrictions and merger control, and focuses on practical issues such as the representations and warranties that are typically given in an acquisition.
Comparative Analysis Of Merger Control Policy
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Author : Jingyuan Ma
language : en
Publisher:
Release Date : 2014
Comparative Analysis Of Merger Control Policy written by Jingyuan Ma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
After 13 years of discussion, the anti-monopoly law of the People's Republic of China was promulgated in August 2007 and entered into force a year later. During the legislative process, a particular challenge was to determine the goal of competition law in China. This challenge can be best illustrated by the merger control policy under the Chinese anti-monopoly law, which has been formulated by taking into account economic goals, as well as various social and political considerations. This book takes a comparative perspective in investigating to what extent competition goals may influence merger policy by focusing on four major issues. First, in order to understand why competition law and policy in China incorporates a multitude of policy goals, the legislative history of the anti-monopoly law and merger policy is explored. Second, the evolution of the debate on competition goals in the US and the EU puts the developments in China in a comparative perspective. Third, emphasis is placed on the evolution of incorporating the efficiency goal into merger policy. Finally, given the theoretical debate on competition goals, the book discusses whether competition goals may have an impact on the analysis of merger cases. Taking economic theories and modern economic techniques as the benchmark, the book concludes that the divergent competition goals in China, the US, and the EU lead to a different outcome of merger cases. It also sets out the policy implications for competition policy makers in China. (Series: European Studies in Law & Economics - Vol. 13) [Subject: Economic Law, Competition Law, Comparative Law]
Public Interest Considerations In Merger Control
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Author : Qian Li
language : en
Publisher:
Release Date : 2023
Public Interest Considerations In Merger Control written by Qian Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
China S Anti Monopoly Law
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Author : Adrian Emch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-07-01
China S Anti Monopoly Law written by Adrian Emch and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Law categories.
It probably goes without saying that anti-monopoly law and practice are of very recent vintage in China. In August 2008, 118 years after the Sherman Act and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came into effect. Since then the enforcement of the AML has seen significant progress as well as considerable challenges. This volume, comprised of 27 highly informative contributions by more than 40 government officials, academics, economists, in-house lawyers, and private practitioners, introduces novice practitioners to the complexities of antitrust law in China and provides new insight for those already working in the field. Generally following the structure of the text of the AML, topics and issues covered include the following: an overview of the first five years of AML implementation; the institutional framework for antitrust enforcement in China; monopoly agreements between market players; abuses of dominance committed by a single company; problems and potential solutions for information exchanges between competitors; the economics underlying retail price maintenance; refusals to deal; procedural and substantive practice of merger decisions; the application of merger control to joint ventures; ‘administrative monopolies’ and the tension between competition and industrial policies; ways to seek legal redress; litigation (both administrative and civil) and the role of the courts; international cooperation efforts made in relation to Chinese antitrust enforcers; the relationship between the AML and China’s anti-bribery rules; the treatment of vertical integration or cooperation; and how the AML rules apply to intellectual property rights. Throughout the book there are analyses of major judgments with key conclusions to be drawn from them, as well as comparisons with corresponding judgments in other jurisdictions. This book is the first comprehensive analysis of the AML, and as such will be of inestimable value to business persons and in-house counsel, as well as to academics in Chinese law and competition law from a global perspective.
Public Interest Considerations In Merger Control
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Author : Qian Li
language : de
Publisher:
Release Date : 2023
Public Interest Considerations In Merger Control written by Qian Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The Evolution Of China S Anti Monopoly Law
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Author : Xiaoye Wang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31
The Evolution Of China S Anti Monopoly Law written by Xiaoye Wang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.
China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of e