Wei Han, Feb 26, 2013
Even though the Anti-Monopoly Law of the People’s Republic of China (“AML”) has been in force for a relatively short span of time, antitrust law enforcement in China has attracted the attention of observers around the world. The main reason concerns curiosity regarding how the Chinese competition authorities review global M&A transactions. In the past few years, the Chinese Ministry of Commerce (“MOFCOM”) has approved a series of global transactions-such as Google’s acquisition of Motorola’s mobile business or the two hard disk drive deals-subject to conditions though.
This article will first discuss the legislation on merger remedies in China. Then, it will provide background on some of the cases where remedies were imposed. Finally, the article will point to the problems encountered in the merger remedy area in China-both in the existing legislation and in MOFCOM’s case practice-and I will put forward some personal suggestions on how these problems can be solved.