The Impact of New Merger Control Provisions in China
April 24, 2023 | BY
Susan MokChina's new Merger Control Provisions are likely to usher in a period of significant uncertainty for killer acquisitions. HUANG Wei, ZHU Fan, GAO Chang and MIAO Roujia of Tian Yuan Law Firm take a look at the new rules and provide guidance as to how below-threshold transactions with a nexus to China could be approached.
Summary
- Killer acquisitions risk restricting competition and are therefore coming under increasing regulatory scrutiny
- New regulations set out a process for notification and review of below-threshold transactions, and clarify the approach by the antitrust authority
- Examination of previous remedy cases provides some helpful clues for parties to relevant transactions
- Certain vital steps should be taken including conducting a thorough pre-transaction merger analysis, assessing the sensitivities of the transaction, and carefully evaluating and balancing risks
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