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China's merger controls: China flexes its anti-monopoly muscles

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Renard Francois
François Renard

Partner

Hong Kong

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14 January 2014

China has only had antitrust rules in place for five years, but increasingly, the power of its merger control authority, MOFCOM, is being felt at home and abroad, and investors must potentially be prepared to confront some significant and costly hurdles.

The Q4 2013 edition of the Allen & Overy M&A Index has been published. In this insight report we comment on global M&A activity and trends across different sectors and markets and offer our view on how the market may develop in the months ahead. We also have an In focus piece on China’s merger controls. China has only had antitrust rules in place for five years, but increasingly, the power of its merger control authority, MOFCOM, is being felt at home and abroad, and investors must potentially be prepared to confront some significant and costly hurdles.

Few investors are prepared for the amount of work and time needed to obtain merger control clearance in China, nor the far-reaching, often extra-territorial, effects of remedies sought by the Chinese authorities. In this article we ask what hurdles do China’s anti-monopoly rules present to investors?

To read the full article click here.

If you would like to discuss any of these issues with our leading China antitrust practice, please get in touch with Francois Renard, your usual Allen & Overy contact, or one of our Global Antitrust team.