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The Merger Control System of the People's Republic of China A Critical Appraisal

Luo, Yi (2009)
Department of Law
Abstract
The new Chinese merger control system has started operating since the Anti-Monopoly Law entered into force on August 1, 2008. It is very important for multinational enterprises who are eager to expand their markets through M&amp&semicA transactions to understand the current situation and the potential challenges in this new regime. This thesis provides an overview of the regime at six aspects: 1) applicability of the Anti-Monopoly Law to concentration review, 2) the current legislation framework of the merger control system, 3) procedure of concentration review, 4) post-decision remedy, 5) legal liability in violation of the Anti-Monopoly Law, and 6) case law. On this basis, it gives a critical assessment on legislation and implementation... (More)
The new Chinese merger control system has started operating since the Anti-Monopoly Law entered into force on August 1, 2008. It is very important for multinational enterprises who are eager to expand their markets through M&amp&semicA transactions to understand the current situation and the potential challenges in this new regime. This thesis provides an overview of the regime at six aspects: 1) applicability of the Anti-Monopoly Law to concentration review, 2) the current legislation framework of the merger control system, 3) procedure of concentration review, 4) post-decision remedy, 5) legal liability in violation of the Anti-Monopoly Law, and 6) case law. On this basis, it gives a critical assessment on legislation and implementation in China's merger control system. In particular, it conducts a close analysis of the recently published cases and applies the European Commission's approach to analyze the latest high profile case, the acquisition of Huiyuan Juice Group Ltd by Coca-Cola, which is attempt to identify problematic issues in China's merger review and to offer some awareness for concentration clearance. (Less)
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author
Luo, Yi
supervisor
organization
year
type
H2 - Master's Degree (Two Years)
subject
keywords
European Business Law
language
English
id
1555452
date added to LUP
2010-03-08 15:24:01
date last changed
2010-03-08 15:24:01
@misc{1555452,
  abstract     = {The new Chinese merger control system has started operating since the Anti-Monopoly Law entered into force on August 1, 2008. It is very important for multinational enterprises who are eager to expand their markets through M&amp&semicA transactions to understand the current situation and the potential challenges in this new regime. This thesis provides an overview of the regime at six aspects: 1) applicability of the Anti-Monopoly Law to concentration review, 2) the current legislation framework of the merger control system, 3) procedure of concentration review, 4) post-decision remedy, 5) legal liability in violation of the Anti-Monopoly Law, and 6) case law. On this basis, it gives a critical assessment on legislation and implementation in China's merger control system. In particular, it conducts a close analysis of the recently published cases and applies the European Commission's approach to analyze the latest high profile case, the acquisition of Huiyuan Juice Group Ltd by Coca-Cola, which is attempt to identify problematic issues in China's merger review and to offer some awareness for concentration clearance.},
  author       = {Luo, Yi},
  keyword      = {European Business Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Merger Control System of the People's Republic of China  A Critical Appraisal},
  year         = {2009},
}