Merger Notification In China And The Statute Of Limitations

Law360, New York (May 18, 2017, 1:33 PM EDT) -- On April 12, 2017, China's Ministry of Commerce published three penalty decisions on failure to declare transactions of undertaking pursuant to the Anti-Monopoly Law (“AML”).[1] One of these cases — in which Cummins and Xiangyang Kanghao established a joint venture and failed to declare — is noteworthy. Based on the penalty decision in the Cummins case, and based on our experiences in handling similar cases, this article analyzes MOFCOM's approach and reminds of the potential antitrust risks associated with not declaring concentrations of business operators, even...
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