Merger Control In The PRC

The coming into effect of the Antimonopoly Law (the AML) on 01 August 2008 saw China introducing a comprehensive merger control regime modelled upon the EC Merger Regulation. The new regime became operative upon the adoption of the State Council's Regulation on Notification Thresholds for Concentrations of Undertakings (the Notification Regulation) on 3 August 2008.

In the past two years, the Antimonopoly Bureau of the Ministry of Commerce (MOFCOM) has reviewed more than 120 merger transactions, about 95 per cent of which were approved unconditionally¹. MOFCOM has in six transactions² imposed conditions to remedy competition issues before giving parties clearance to proceed. And one transaction, the proposed acquisition of Huiyuan by Coca-Cola, was prohibited.