InBev-Anheuser-Busch: China’s First Public Merger Decision Under The AML

On November 18, 2008, the Anti-Monopoly Bureau of the Chinese Ministry of Commerce ("MOFCOM") published the first merger decision under China's Anti-Monopoly Law ("AML") and conditionally approved InBev NV/SA's ("InBev") proposed acquisition of Anheuser-Busch Companies, Inc. ("AB"). 

Between August 1, 2008, when the AML came into effect, and November 19, 2008, MOFCOM reportedly received more than 10 merger filings, accepted 13 filings, and decided eight of them.  The InBev-AB case is the first and, to date, only case in which MOFCOM has issued a public decision since the AML became effective. 

The InBev-AB decision, along with recent comments by an enforcement official, provides additional insight into merger review practice under the AML in China: