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Merger control in China: four and a half years of practice and enforcement: a critical analysis

Furse, M. (2013) Merger control in China: four and a half years of practice and enforcement: a critical analysis. World Competition: Law and Economics Review, 36 (2). pp. 285-313. ISSN 1011-4548

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Publisher's URL: http://www.kluwerlawonline.com/abstract.php?&id=WOCO2013019

Abstract

This article looks back at developments in the Chinese merger control regime from its entry into force until January 2013.The decisions published by the Ministry of Commerce are analysed, with particular reference to the imposition of remedies. The relevant guidance, and its development in the light of decisions is also considered, along with the broader enforcement patterns, including the extent to which decisions have involved non-Chinese parties. The argument is made that whilst there have been very significant steps taken in the development of the regime, there remain areas of concern, including the intrusive behavioural nature of the majority of remedies, the lack of clarity as to the operation of the substantive test, and a perceived imbalance in the targets of enforcement.

Item Type:Article
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Furse, Prof Mark
Authors: Furse, M.
College/School:College of Social Sciences > School of Law
Journal Name:World Competition: Law and Economics Review
ISSN:1011-4548
ISSN (Online):1875-8436

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