Summary

The new Chinese Anti-Monpoly Bureau ("AMB") has issued a number of controversial decisions in recent months, involving intenational M&A transactions.  It has approved most transactions, although many on a conditional basis, but it refused to approve the greatly followed Coca Cola acquisition of Huiyuan.  This article looks at the law, the criteria applied by the AMB, the facts and decision issued in a number of cases, and provides guidelines that companies should look at prior to approaching the AMB for approval.

Analysis

Most acquisitions of a Chinese entities, including those where the head offices are not located in China, will attract the jurisdiction of the Chinese Anti-Monopoly Law and the Anti-Monopoly Bureau ("AMB").  Given this is a very new law for China, it is important to understand its criteria and be able to work out how the AMB will apply this law. 

See: http://mmlcgroup.com/db1/00075/mmlcgroup.com/_download/AMB150409MM.pdf

Matthew Murphy consults with leading institutions through GLG

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Managing Director, MMLC Group

 
Analyses are solely the work of the authors and have not been edited or endorsed by GLG.