Coca-Cola and Huiyuan: Explanation, theory, an attempt to rationalise?

May 09, 2009 | BY

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Zhan HaoGrandall Legal [email protected] the Ministry of Commerce (Mofcom) announced its decision to block the acquisition of Huiyuan Juice…

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Zhan Hao

Grandall Legal Group

Since the Ministry of Commerce (Mofcom) announced its decision to block the acquisition of Huiyuan Juice Group by The Coca-Cola Company, the verdict has been subject to tremendous criticism from trade lawyers and economists worldwide. Some have argued that China appears willing to wield its Anti-monopoly Law (中华人民共和国反垄断法) (AML) to fend off foreign attempts at buying promising domestic firms (although Huiyuan was incorporated in the Cayman Islands), even when the resulting market concentration would not be excessive.

In an attempt to provide clarification of the final decision, Mofcom spokesman, Yao Jian, in an interview in thePeople's Daily, tried to flesh