Chinese Merger Control: Patterns and Implications

Posted by D. Daniel Sokol

Xinzhu Zhang (Jiangxi University of Finance and Economics (JXUFE); Special-term Professor, Shanghai University of Finance and Economics (SHUFE); Director of the Research Central for Regulation and Competition (RCRC), Chinese Academy of Social Sciences) and Vanessa Yanhua Zhang (LECG) explain Chinese Merger Control: Patterns and Implications.

ABSTRACT: China's Anti-Monopoly Law went into effect on August 1, 2008. Even though enforcement authorities tend to build their capacity progressively, China has already seen three milestone case decisions in the past year: InBev/Anheuser-Busch, Coca-Cola/Huiyuan, and Mitsubishi Rayon/Lucite. In this article, we elaborate the background of each case and provide in-depth analysis of each decision. In particular, we explore the common characteristics of the cases, the economic theories on which the merger control authority has relied in its merger decisions, and the patterns regarding China's merger policy.