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Tag Archives: MOFCOM

MOFCOM Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers

Posted in Chinese Developments, Private Litigation

On April 14, 2014, China’s Ministry of Commerce (MOFCOM) filed an amicus brief asking the Second Circuit to overturn a ruling by the Eastern District of New York against Chinese vitamin manufacturers.  See Brief for Amicus Curiae Ministry of Commerce of the People’s Republic of China in Support of Defendants-Appellants, In re Vitamin C Antitrust [...]

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

by Henry Chen, Frank Schoneveld and Alex An China’s Ministry of Commerce recently issued two new draft regulations.  The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.); the other defines the standards for “simple” merger cases that are eligible for a [...]

China’s Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency Measures

Posted in Chinese Developments, Mergers & Acquisitions

by Henry L.T. Chen, Frank Schoneveld, Jared Nelson and Sean Pan China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures.  The outcomes of the investigations are still uncertain, but the actions clearly show increased efforts to ensure compliance through enforcement of the [...]

China Streamlines Antitrust Notification Process

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

by Henry L.T. Chen, Frank Schonveld and Brian Fu The Ministry of Commerce of China (MOFCOM) recently promulgated a new amended merger notification form along with instructions for completing the form.  In doing so, MOFCOM aims to further regulate the procedures regarding antitrust review of large mergers, acquisitions and joint ventures; to promote transparency in [...]

China Law Alert: Focus on Competition – March 2012

Posted in Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

by Henry L.T. Chen, Frank Schoneveld, Alex An, Brian Fu and Angel Wang McDermott Will & Emery has released the latest China Law Alert: Focus on Competition, which provides insight on current issues surrounding cross-border antitrust and transactional issues.  China’s New Merger Control Regime Makes Major Progress in Its First Three Years It is now [...]

China’s MOFCOM Now Fully Armed to Prosecute Companies Failing to Notify a Concentration

Posted in Chinese Developments

by Henry L. T. Chen, Frank Schoneveld and James Jiang China’s Ministry of Commerce (MOFCOM), following six months of public comment on and consideration of Draft Regulations, has now formally promulgated new Regulations on the Investigation & Treatment of Failure to Report a Concentration of Undertakings.  The new regulations will take effect as of February [...]

MOFCOM Issues Its Eighth Conditional Clearance–Minority Shareholders Beware

Posted in Chinese Developments, Monopolization/Abuse of Dominance

by Carlo Carani and James Jiang Before granting its approval of Alpha V’s acquisition of Savio, China’s Ministry of Commerce (MOFCOM) required the private equity fund to divest its 27.9 per cent stake in Savio’s rival Uster.  With this decision, MOFCOM has signalled its willingness to closely scrutinize the influence of minority shareholders when conducting [...]

China’s First Merger Control Decision Approving a Joint Venture–GE & Shenhua

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance

by Frank Schoneveld, Brian Fu and James Jiang In giving approval to GE China’s joint venture with Shenhua Coal, China’s Ministry of Commerce (MOFCOM) has answered positively the recurring question of whether the formation of a joint venture falls within China’s merger control rules.  It is now clear that the formation of a joint venture [...]

U.S. and Chinese Antitrust Agencies to Sign Cooperation Agreement

Posted in Cartel Enforcement, Chinese Developments, DOJ Developments, FTC Developments

by Frank Schoneveld and Joseph F. Winterscheid On June 24, 2011, Assistant Attorney General Christine Varney announced that the U.S. antitrust enforcement agencies will be signing a cooperation agreement with their Chinese counterparts.  As a consequence, companies can now expect to see the Chinese authorities participating in coordinated “dawn raids” and related cooperative enforcement initiatives [...]

China’s MOFCOM Gets Tough on Merger Control?

Posted in Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

by Henry L.T. Chen and Frank Schoneveld There is considerable speculation in China that many large transactions that should have been notified for clearance by China’s Ministry of Commerce (MOFCOM) have not been properly notified, and Chinese government is going to go after the concerned concentrating parties.  Recently, the speculation came into being and all [...]

China Seeks Comments on New Evaluating Competitive Influence Rules

Posted in Chinese Developments, Mergers & Acquisitions

by Henry L.T. Chen and Frank Schoneveld To evaluate the competitive impact of an anti-monopoly review on the market of mergers and acquisitions (or concentration) and to guide business operators when filing notification of a concentration, the Ministry of Commerce of China has introduced Interim Measures on Evaluating Competitive Influence Caused by the Concentration of [...]