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China's Anti-Monopoly Law is Multi-Purpose

July 16, 2009

To Protect Competition or Competitors? Comments on Chinese Anti-Monopoly Law | webreprints.djreprints.com

China’s Anti-Monopoly Law and its implementation reflect the variety of motivations of its supporters.  There is the conventional goal of fostering competition.  However, there are also the goals of reining in perceived monopolization and abuse of intellectual property rights by foreign multi-nationals, protecting Chinese enterprises and brands, combating rampant local protectionism and developing a “competition culture”.  Thus, there will be occasions when the application of the AML generates results that are unlikely to be seen under other competition law regimes.

China's Anti-Monopoly Law Relevant Market Definition Guidelines Emphasize Fact-Based Analysis

July 15, 2009

China Issues Finalised Guidelines on Relevant Market Definition | www.mwechinalaw.com

China's Anti-Monopoly Law Relevant Market Definition Guidelines, which are dated May 24, 2009, and were released on July 7, 2009 by its State Council Anti-Monopoly Commission, will be applied by all 3 agencies charged with enforcing the Law.  With a few exceptions, determining the existence of a violation of the AML depends on identifying a market in which competition has been restrained.  The Guidelines are generally within the international antitrust mainstream and emphasize fact-based analysis, but have some distinctive aspects.  The short enforcement history of the AML thus far raises questions as to how the Guidelines will be followed in practice by MOFCOM, SAIC and NDRC.

Nationalism a Factor in China's Merger Antitrust Reviews

April 20, 2009

China’s New Anti-Monopoly Law – an analysis of recent decisions regarding foreign investment and trade | www.mmlcgroup.com

The conditions placed on the approved InBev/Anheuser-Busch transaction and the announced analysis of the prohibited Coca-Cola/Huiyuan transaction indicate that nationalism and industry policy will likely be significant factors in China's antitrust review of transactions under its new Anti-Monopoly Law.  The opening of a second phase investigation in the Mitsubishi/Lucite transaction reflects both a natural cautiousness when entering into unfamiliar territory and a willingness to use the review process as learning opportunities.

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