China Law & Practice

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Everyone is equal

Issue: March 2010

Keywords (click to search): anti-monopoly AML antitrust competition

Although the implementation and enforcement of the PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML) has been relatively smooth, concerns over the issue of equal treatment continue to surface as state-owned enterprises appear to ignore filing requirements. But foreign enterprises must follow the rules in order to thrive.

    Discussions of equal treatment and protectionism tend to surface when headline-making deals are being reviewed by the Chinese regulators – the attempted takeover of Huiyuan Juice by Coca-Cola being a perfect example. But the two issues are not always intertwined.

    “For many observers, the issue of whether or not the AML might be applied in a protectionist fashion crystallised around the time the Ministry of Commerce [Mofcom] prohibited the Coca-Cola/Huiyuan deal,” said JSM senior associate...

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