Law360, New York (May 13, 2016, 12:26 PM EDT) -- The European Commission recently cleared the joint venture between EDF Group and China General Nuclear Power Corp. (CGN) in the EDF/CGN/NNB Group of companies (Hinkley Point) decision.[1] The joint venture involves the construction of three nuclear power plants in the United Kingdom including a brand new $25 billion facility at Hinkley Point. The most notable aspect of the Hinkley Point decision is the commission's detailed investigation of the nature and extent of control exercised by the Chinese Central State-Owned Assets Supervision and Administration Commission (SASAC). In a significant departure from previous cases involving Chinese state owned enterprises (SOEs), the commission considered that Chinese laws supported the conclusion that SASAC controls the commercial and strategic behaviour of CGN and that it is subject to coordination with other state-owned enterprises in the energy sector. The Hinkley Point decision is a milestone and marks the first time that the commission has demonstrated a willingness to grapple to any serious degree with the issue of defining the relevant group in mergers involving Chinese SOEs in the text of a published clearance decision. Given the wave of Chinese outbound investments, SOEs seem set to face yet further scrutiny as to the extent the Chinese state and the Chinese Communist Party (CCP) control their operations....