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Merger Control in China

This publication combines a comprehensive introduction to Chinese rules on its merger control regime and practice analyses along with a complete comparative study among the Chinese merger control regime, the E.U. regime and the U.S. regime. The authors implement a systematic approach explaining every aspect of the Chinese merger control regime and build links among such aspects in an effort to solve any possible questions or confusions of readers in understanding the rules. The authors include practice tips relating to every aspect of Chinese merger control. In addition to a comprehensive introduction to the Chinese merger control regime, the authors conduct a comparative study among the Chinese merger control regime, the E.U. regime and the U.S. regime for the readers to gain a complete understanding the convergence and divergence among these three major jurisdictions.
Publisher: LexisNexis
Print Book :1 volume, softbound, updated annually
2017 Edition
$250.00
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ISBN: 9781522110323
Publisher: LexisNexis
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This treatise is a practice handbook for corporations, partnerships and law practitioners.

This publication is the first and so far the only treatise combining a comprehensive introduction to Chinese rules on merger control regime and practice analyses along with a complete comparative study among Chinese merger control regime, the E.U. regime and the U.S. regime.

The authors implement a systematic approach explaining every aspect of Chinese merger control regime and build links among such aspects in an effort to solve any possible questions or confusions of readers in understanding the rules. The authors included practice tips relating to every aspect of Chinese merger control. In addition to a comprehensive introduction to Chinese merger control regime, the authors conduct a comparative study among Chinese merger control regime, the E.U. regime and the U.S. regime for the readers to gain a complete understanding the convergence and divergence among these three major jurisdictions as a beneficial study for global filings of cross-border transactions.

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Table of Contents

PREFACE
About the Authors



Chapter 1 Principles of Chinese Merger Control
§ 1.01 Objective of the Chinese Merger Control Regime
§ 1.02 Fair Competition vs. Effective Competition vs. Free Competition
§ 1.03 Consumer Welfare Standard


Chapter 2 Legal System of the Merger Control Regime in China
§ 2.01 Law
§ 2.02 Regulations
§ 2.03 Ministry Rules


Chapter 3 Concentrations
§ 3.01 Application of the Chinese Merger Control Regime
§ 3.02 The Definition of a Concentration under Merger Control Regime
§ 3.03 Merger
§ 3.04 Acquisition of Control Through Equity Acquisition
§ 3.05 Asset Acquisition
§ 3.06 Acquisition of Control Through Contracts
§ 3.07 Acquisition of Control Through Other Means
§ 3.08 Joint Venture
§ 3.09 Exemption from Concentrations


Chapter 4 Turnover Threshold
§ 4.01 Introduction
§ 4.02 Turnover thresholds under Chinese Merger Control Regime
§ 4.03 Interrelated Transactions
§ 4.04 Turnover Thresholds on a Group Basis
§ 4.05 Comparative Study between Chinese Regime, E.U. Regime and U.S. Regime
§ 4.06 Adjustment of Turnover Thresholds


Chapter 5 Relevant Market and Related Issues Raised by Intellectual Property Rights
§ 5.01 Objective of the Concept of Relevant Market
§ 5.02 General Approach of Definition of Relevant Market-Demand-Side Substitutability vs. Supply-Side
Substitutability
§ 5.03 Definition of Relevant Technology Market
§ 5.04 IPR-Related Mergers
§ 5.05 Refusal to Deal and Essential Facility Doctrine


Chapter 6 Substantive Assessment Test and Criteria
§ 6.01 Overview
§ 6.02 Substantive Test of China and Comparative Study with the
E.U. and U.S. Regimes
§ 6.03 Elements of the Substantive Test
§ 6.04 Detailed Criteria in Assessment in the Rules Set by the Agency
§ 6.05 Anti-Competitive Effects in Different Types of Mergers
§ 6.06 Horizontal Merger
§ 6.07 Vertical Merger
§ 6.08 Conglomerate Case
§ 6.09 Two-Sided Markets
§ 6.10 Relation to Monopoly Agreements
§ 6.11 Efficiency Offense


Chapter 7 Concentrations Challenged by MOFCOM
§ 7.01 Introduction
§ 7.02 International Cooperation with Antitrust Agencies of Other Jurisdictions in Global Filing
§ 7.03 Impact of Non-Competitive Factors on Merger Review
§ 7.04 Horizontal Concentrations and Case Study
§ 7.05 Coordinated Effects in Oligopoly
§ 7.06 Vertical Concentrations and Case Study
§ 7.07 Horizontal and Vertical
§ 7.08 Conglomerate Effects


Chapter 8 Countervailing Factors
§ 8.01 Introduction
§ 8.02 Entry
§ 8.03 Buyer Power
§ 8.04 Efficiencies
§ 8.05 Failing Firm Defense


Chapter 9 Remedies
§ 9.01 Overview
§ 9.02 Types of Remedies
§ 9.03 Process of Imposing Remedy
§ 9.04 Structural Remedy
§ 9.05 Hold Separate
§ 9.06 Trustee


Chapter 10 Legal Consequences for Failure to Comply with Notification Obligations
§ 10.01 Overview
§ 10.02 Legal Consequences
§ 10.03 Procedures for Implementation of Mergers in Violation of Chinese AML by Failing to Conduct Pre-Merger Notification
§ 10.04 Private Litigation


Chapter 11 Procedure
§ 11.01 Business Operators with Notification Obligations
§ 11.02 Notification Procedures
§ 11.03 Market Investigation


Index