Made in China: The Global Influence of China’s Merger Control Regime in the High-Tech Sector

By Michael Han & Bivio Yu

Escalated trade tensions between China and the US since early 2018 have led to growing concern that deals involving high-tech companies might crumble under China’s merger control regime. Foreign high-tech companies are increasingly anxious about non-competition factors and industrial policy concerns playing a role in the review of high-tech transactions. Parties frequently ask whether China’s antitrust review of global tech-deals might be impacted by broader geopolitical or industry policy considerations. If not, what are the issues that might give rise to competition concerns in high-tech transactions to the Chinese authority?

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