Merger Control in China: Four and a Half Years of Practice and Enforcement - A Critical Analysis

This article looks back at developments in the Chinese merger control regime from its entry into force until January 2013. The decisions published by the Ministry of Commerce are analysed, with particular reference to the imposition of remedies. The relevant guidance, and its development in the light of decisions is also considered, along with the broader enforcement patterns, including the extent to which decisions have involved non-Chinese parties. The argument is made that whilst there have been very significant steps taken in the development of the regime, there remain areas of concern, including the intrusive behavioural nature of the majority of remedies, the lack of clarity as to the operation of the substantive test, and a perceived imbalance in the targets of enforcement.