MOFCOM’s Anti-Monopoly Bureau on 15 November 2012 published a list of all the merger cases it approved without conditions between 1 August 2008 and 30 September 2012. It has also announced that it will publish such a list each quarter from now on.
The bureau’s 15 November 2012 notice of its intention to start publishing quarterly lists of merger filings approved without conditions is available in Chinese language at: http://fldj.mofcom.gov.cn/aarticle/xxfb/201211/20121108436852.html. The 16 November notice with the first list of approvals without conditions from August 2008 to 30 September 2012 is at: http://fldj.mofcom.gov.cn/aarticle/zcfb/201211/20121108437868.html.
Implications for foreign investors
The Anti-Monopoly Law (AML) has been in force since August 2008 and the Anti-Monopoly Bureau has reviewed close to 500 cases to date. However, applying strictly article 30 of the AML, MOFCOM had published only decisions prohibiting a transaction (only one so far, the Coca Cola/Huiyuan case), or approving it with conditions. This made a total of 16 published decisions out of 474 that the bureau ruled on through to 30 September 2012. With this new list of 458 cases approved without conditions, all 474 decisions have now been published.
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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mail at: Zhang Danian (Shanghai) danian.zhang@bakermckenzie.com
