China’s Merger Review Rules — Useful But Limited

Law360, New York (September 27, 2011, 6:39 PM EDT) -- The Ministry of Commerce of the People’s Republic of China (MOFCOM) has published its Interim Rules on the Assessment of the Effects of Concentrations of Undertakings on Competition (Rules), effective Sept. 5, 2011. The Rules explain how MOFCOM will assess mergers or other “concentrations” under the PRC Anti-Monopoly Law (AML). Although the Rules incorporate some concepts and elements from the horizontal and nonhorizontal merger guidelines issued in other jurisdictions, such as the U.S. and Europe, they also reflect the AML’s unique Chinese characteristics.

These Rules do...
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