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학술논문경쟁법연구2009.11 발행

Merger Control under Chinese Anti-Monopoly Law

Merger Control under Chinese Anti-Monopoly Law

김원준(김&장 법률사무소)

20권, 15~35쪽

초록

this paper aims to discuss the issues that have been raised and lessons that have been learned in the early stage of implementing the AML. Accordingly, the Chinese merger control regime and some policy issues will be addressed and examined, such as notification, scope of merger review, assessment of merger review, national security review of merger by foreign companies and merger review procedures. The implications of relevant merger cases will also be evaluated. It is still too early to fully evaluate the effect and impact of the AML, even with the publication of recent merger cases and major pending implementing measure. Within such limits, however, it would be meaningful to examine Chinese competition authority's evolving perspective on merger review, most importantly on its merger controlling standard and enforcement policy in relation to merger control. It seems that there is a positive trend for China to move closer to global standard in terms of merger review regime but there still is room for improvement in transparency and certainty in enforcement practices.

Abstract

this paper aims to discuss the issues that have been raised and lessons that have been learned in the early stage of implementing the AML. Accordingly, the Chinese merger control regime and some policy issues will be addressed and examined, such as notification, scope of merger review, assessment of merger review, national security review of merger by foreign companies and merger review procedures. The implications of relevant merger cases will also be evaluated. It is still too early to fully evaluate the effect and impact of the AML, even with the publication of recent merger cases and major pending implementing measure. Within such limits, however, it would be meaningful to examine Chinese competition authority's evolving perspective on merger review, most importantly on its merger controlling standard and enforcement policy in relation to merger control. It seems that there is a positive trend for China to move closer to global standard in terms of merger review regime but there still is room for improvement in transparency and certainty in enforcement practices.

발행기관:
한국경쟁법학회
분류:
기타법학

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