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ARTICLE · 20 AUGUST 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition

MOFCOM’s reasons for characterizing the P3 Alliance as a merger are unclear, however, because just 10 days ahead of its prohibition decision, MOFCOM revised its merger review guidance.

ChinaAntitrust/Competition Law

On June 17, 2014, China's Ministry of Commerce (MOFCOM), China's competition regulator, prohibited the proposed "P3 Alliance" that would have combined the world's three largest container carriers—Maersk Line, Mediterranean Shipping Company and CMA CGM—on certain shipping routes.

MOFCOM prohibited the deal despite the U.S. Federal Maritime Commission (FMC) clearing the transaction in March 2014, and the European Commission (Commission) announcing its decision not to open an investigation just two weeks prior to the MOFCOM prohibition. The differing outcomes resulted from each authority analyzing only the effects of the deal relating to its respective market. The FMC did not analyze Asia-Europe routes since it has no jurisdiction over it and, conversely, MOFCOM did not analyze Europe-North America routes. Moreover, while the FMC and Commission assessed the deal under their respective competition rules applicable to cooperative agreements between independent

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