《中华人民共和国反垄断法》（以下简称《反垄断法》）自2008年8月1日起实施生效，至今已满5周年。5年来，商务部作为经营者集中审查的主管机关，共审结了逾640起交易，除19起获得附条件批准的交易和1起受到禁止的交易外1，其他交易均获得了无条件批准。5年时间，反垄断的概念在各界的争议和探讨中逐渐深入人心，而商务部的执法能力亦随着实践不断提高，经营者集中附加限制性条件制度也日趋成熟。本文从实务工作者的角度简要回顾和总结经营者集中审查制度及附条件执法的实施情况，以期为企业带来一二启示。
Continue Reading 中国经营者集中审查及附条件执法五年综述
conduct remedies
Review of Merger Control and Merger Remedies Regime in China: From 2008-2013
By King & Wood Mallesons on
Posted in compliance
By Susan Ning, Hazel Yin, Ziqing Zheng, Kailun Ji
August 1st, 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (“AML”). Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.
During the past 5 years, the Ministry of Commerce (“MOFCOM”), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and 1 case that was denied.1 MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime. This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.
Continue Reading Review of Merger Control and Merger Remedies Regime in China: From 2008-2013
Path towards A More Streamlined Merger Control System – MOFCOM Publishes Draft Rules on Merger Remedies
By King & Wood Mallesons on
Posted in compliance
By Susan Ning, Pulcheria Chung, Kailun Ji and Hazel Yin
To increase clarity and transparency on the merger remedy regime under the Anti-Monopoly Law (“AML“), China’s Ministry of Commerce (“MOFCOM“) published the draft Rules Regarding Imposition of Restrictive Conditions on Concentrations of Undertakings (the “Draft Rules“) on 27 March 2013 for public comments.
Under the AML, MOFCOM may attach restrictive conditions to reduce the negative impact a concentration of business operators will bring on competition in the relevant market. On 5 July 2010, MOFCOM published the Provisional Rules on Divestiture of Assets or Business to Implement Concentrations of Undertakings (the “Divestiture Rules“) which was the first set of rules specifically dealing with divestiture remedies. The Draft Rules are intended to cover not only divestiture, but also conduct remedies and will replace the Divestiture Rules once adopted.
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MOFCOM Cleared Google/Motorola Deal with Conduct Remedies
By King & Wood Mallesons on
Posted in compliance
By Susan Ning and Hazel Yin
On May 19, 2012, MOFCOM cleared, with conditions, Google’s acquisition of Motorola Mobility ("Motorola"), a USD 12.5 billion deal and the largest ever in Google’s M&A history. The deal was announced in August 15, 2011 and obtained unconditional approval from the United States’ Department of Justice and the European Commission in February 2012. This article outlines the major points of MOFCOM’s conditional clearance decision of the Google/Motorola deal ("Decision").Continue Reading MOFCOM Cleared Google/Motorola Deal with Conduct Remedies