Yee Wah Chin has penned? for the ABA a piece entitled M&A Under China’s Anti-Monopoly Law Emerging Patterns
The article has also been published in the magazine Business Law Today
Here’s the link to the full article? http://www.abanet.org/buslaw/blt/content/articles/2010/09/0002.shtml
Following is the introduction
China’s Anti-Monopoly Law is becoming a major hurdle for larger cross-border transactions.
China’s Anti-Monopoly Law (AML) became effective on August 1, 2008, following 13 years of drafting. Since then, businesses and lawyers with interests in China have closely followed every development. While there have been draft and final regulations issued by the enforcement agencies on most aspects of the AML, and complaints citing the AML have been filed in the courts and with the agencies alleging monopolistic conduct, the most closely watched developments have been on the M&A front. All but one of the announced government enforcement actions to date have involved transactions. It is clear that China’s merger control regime is becoming the third major antitrust hurdle for large, cross-border transactions, along with the United States and the EU. This article summarizes the AML, reviews provisions relating to mergers and acquisitions, and discusses patterns emerging in China’s application of the AML in the M&A area.
