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ARTICLE · 21 AUGUST 2014

Antitrust And Competition Newsletter: August 2014

Check out Orrick's Antitrust and Competition Newsletter for all the latest news and analysis of antitrust happenings in Asia, Europe and the United States.

United StatesAntitrust/Competition Law

Asia

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

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

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