The first announced merger control decision under the Anti-monopoly Law

December 18, 2008 | BY

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Janet HuiJun He Law [email protected] November 18 2008, the Anti-Monopoly Bureau of the Ministry of Commerce (Mofcom) announced its first conditional…

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Janet Hui

Jun He Law Offices

On November 18 2008, the Anti-Monopoly Bureau of the Ministry of Commerce (Mofcom) announced its first conditional merger control decision under the Anti-monopoly Law (中华人民共和国反垄断法) (AML). The decision relates to the proposed acquisition of Anheuser-Busch Companies (AB) by InBev. A senior official of the Anti-Monopoly Bureau later revealed that Mofcom had received more than 10 merger control filings, accepted 13, and decided eight since August 1 2008 (when the AML became effective), but this was the first it had publicly announced.

Background to the transaction

Under the AML and theProvisions on the Reporting Threshold for Concentrations of Business Operators (关于经营者集中申报标准的规定), the parties to a proposed transaction shall notify Mofcom in advance of the transaction