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
practice after more than five years of application. In particular,
it assesses which policy goals (competition policy goals or
industrial policy considerations) prevail in the written law and
its application and provides suggestions for a further improvement
of the law - with the aim to develop a transparent merger control
regime that promotes long-term economic growth in China.
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