The Merger Control System of the People's Republic of China A Critical Appraisal
(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&&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&&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)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1555452
- author
- Luo, Yi
- supervisor
- organization
- year
- 2009
- 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&&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}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Merger Control System of the People's Republic of China A Critical Appraisal}},
year = {{2009}},
}