By Susan Ning, Hazel Yin and Yunlong Zhang
The year 2012 marks the fifth year of the enactment and implementation of China’s Anti-Monopoly Law (“AML”). Over the past year, we have witnessed substantial progress of the merger control regime and antitrust administrative investigations, in particular in the area of cartel investigations. With the promulgation of judicial interpretation of the Supreme People’s Court, antitrust civil litigations are also picking up. As the Year of Dragon is coming to an end, we present this article with an overview of how the AML has been implemented in the past year, together with our observations.
I. Merger Control
The Ministry of Commerce (“MOFCOM”), the authority in charge of merger control review, maintained a similar caseload in 2012 compared to 2011 and has been gradually establishing its international reputation as one of the most important antitrust authorities.
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