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Past Event
9 December 2008



The Dragon Awakens - Why You Can't Avoid China's New Merger Control Regime

The Dragon Awakens - Why You Can't Avoid China's New Merger Control Regime

Tuesday, December 9, 2008

China's first comprehensive competition law, the new Anti-Monopoly Law (AML), commenced on August 1, 2008. In the first of our new series of webinars on the AML, we provided a comprehensive overview of the new law and the key potential areas of impact and compliance risk for both foreign and Chinese businesses. In this, the second program in our series, we focused on the AML's merger control regime, which dramatically alters China's antitrust review mechanisms for relevant transactions in and beyond China, and which introduces clear and substantial penalties for non-compliance. Hannah Ha, Christopher Kelly and Gerard O'Brien discussed the scope of the new regime in detail, focusing on:

  • How to identify transactions that are subject to the new regime, and how to apply the new turnover-based mandatory notification tests;
  • Minimizing transaction delays and information demands under the new regime;
  • The specific concerns and methodologies of the Chinese officials charged with merger review; and
  • Whether foreign firms are likely to face discriminatory treatment under the AML's antitrust and "national security" review provisions.
The panel also outlined key differences between the AML merger control regime and analogous regimes under US and European law. Updates were provided on several high-profile transactions undergoing AML merger review (including Coca-Cola's proposed acquisition of China Huiyuan Juice Group) and other recent developments, such as the newly circulated draft antitrust pricing rules.

Hannah Ha - Hong Kong
Christopher Kelly - Washington DC
Gerard O'Brien - Hong Kong

Related Materials

Presentation Slides (PPT)
Presentation Audio (MP3)
Full Presentation (WebEx)
AML Resource Page

Related Multimedia

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