A guide to China anti-monopoly reviews and disputes
August 10, 2012 | BY
clpstaff &clp articlesIt has been exactly four years since China's Anti-monopoly Law took effect and the review process remains unclear. China Law & Practice takes you through MOFCOM's system and the Supreme Court's Provisions on the Law.
Timing is everything
The world will remember 2008 as China's year. The Olympics highlighted the country's accession to the world stage. As the final changes were being put to an opening ceremony future host cities would envy, the first PRC Anti-monopoly Law also came into effect.
Practitioners hoped the Law would clarify what constitutes a monopoly. Investors wondered how their mergers and acquisitions would hold up before anti-monopoly reviews. Exactly four years later, China Law and Practice takes a closer look at the Anti-monopoly Law and reviews.
Click here to download China Law & Practice's English translation of the PRC Anti-monopoly Law ( 中华 人民 共和国反 垄 断法 ).
The review process
Any transaction can trigger a review. Even foreign-to-foreign party transactions, which may affect competition in the Chinese market, are subject to a review. There can be up to three phases to a review, but the demanding pre-acceptance stage is almost a fourth phase in itself, here is why.
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