Chinese Merger Control Law : An Assessment of its Competition-Policy Orientation after the First Years of Application


Tingting. Weinreich-Zhao
Bok Engelsk 2015 · Electronic books.
Annen tittel
Utgitt
Heidelberg : Springer , cop. 2015
Omfang
1 online resource (408 p.)
Opplysninger
Description based upon print version of record.. - ""Foreword""; ""Abbreviations""; ""Contents""; ""Chapter 1: Introduction""; ""Chapter 2: Economic Background of Competition Policy in China""; ""2.1 State of Development of Chinese Economy""; ""2.1.1 Planned Economy Until 1978""; ""2.1.2 Economic Reforms Since 1978""; ""2.1.2.1 Dual-Track System""; ""2.1.2.2 Emergence of TVEs""; ""2.1.2.3 Commencement of Foreign Direct Investment""; ""2.1.2.4 Endorsement of a Socialist Market Economy""; ""2.1.3 Establishment of a Legal Framework for the Market Economy""; ""2.1.3.1 Enactment of Basic Economic Laws"". - ""2.1.3.2 Recognition of Market Integration at Constitutional Level""""2.1.4 Impact of WTO Accession""; ""2.1.5 Status Quo of Economic Development""; ""2.2 Reform of State-Owned Enterprises""; ""2.2.1 Privatisation of Small and Medium-Sized SOEs""; ""2.2.2 Restructuring of Retained SOEs""; ""2.2.3 Corporatisation and Regulatory Reform""; ""2.2.4 Reform of Industry Structures: Public vs Private Sector""; ""2.2.4.1 Retreatment from Nonessential Sectors""; ""2.2.4.1.1 State Council 2005 Opinions""; ""2.2.1.1.2 State Council 2010 Opinions"". - ""2.2.4.2 Concentration in Strategic Sectors and Formation of National Champions""""2.2.4.2.1 SASAC 2006 Opinion""; ""2.2.4.2.2 Specific Industries""; ""2.2.5 Current Market Structure""; ""2.3 Policies on Foreign Direct Investments""; ""2.3.1 Regulation of FDI""; ""2.3.2 Importance of Foreign MandA in China""; ""2.3.3 Market Distortions by Foreign MandA and a Call for a Stronger Market Protection""; ""2.4 Summary""; ""Chapter 3: Historical Development of Chinese Merger Control Regime""; ""3.1 Discriminatory Merger Review Framework Prior to the Adoption of the AML"". - ""3.1.1 Lack of Merger Control for Purely Domestic Transactions""""3.1.2 Merger Control Regime Under the MandA Rules 2006 and Guidelines 2007""; ""3.1.2.1 Scope of Application""; ""3.1.2.1.1 Lack of Definition of ``AcquisitionÂ?Â?""; ""3.1.2.1.2 Different Criteria as Notification Thresholds""; ""3.1.2.2 Procedural Aspects""; ""3.1.2.3 Substantive Standard""; ""3.1.2.4 Exemptions from Antitrust Review""; ""3.1.2.5 National Security Review""; ""3.1.2.6 Merger Control Enforcement""; ""3.2 Formation of Merger Control Regime Under the AML""; ""3.2.1 Impetus for Adoption of the AML"". - ""3.2.2 Policy Concerns Delaying Adoption of the AML""""3.2.3 Legislative Amendments""; ""3.2.3.1 Notification Thresholds""; ""3.2.3.2 Sectoral Application""; ""3.2.3.3 Provisions Coloured with Industrial Policy Considerations""; ""3.3 Summary""; ""Chapter 4: Institutional Framework for Enforcement of the AML""; ""4.1 Establishment of Two-Tier Enforcement Regime""; ""4.2 Enforcement Agencies""; ""4.2.1 AMC""; ""4.2.2 MOFCOM and Anti-monopoly Bureau""; ""4.2.3 Local Authorities""; ""4.3 Summary""; ""Chapter 5: Objectives and Policy Standards of Merger Control as Embodied in the AML"". - ""5.1 Multitude of Competition and Non-competition Goals in Article 1 AML"". - On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China's Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM's decision-making practi
Emner
Sjanger
Geografisk emneord
Dewey
340
ISBN
9783662438671

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