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Academic Articles Awards > Asian Antitrust

Substantive analysis in China’s horizontal merger control:a six-year review and beyond

Haixiao Gu and Andrew L. Foster, Journal of Antitrust Enforcement, 0, 1–23, 2015

See Andrew L. Foster's resume See Haixiao Gu's resume

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

China has made strides in putting the Anti-Monopoly Law merger control regime to work, especially considering it has only been in force for about six years. Despite absorbing some basic ideals and methods employed by advanced jurisdictions into its legislation and enforcement, China’s horizontal merger analysis still has its own idiosyncratic features. This article examines relevant legislation and Ministry of Commerce’s analytical methods in practice. It reveals that there is a lack of comprehensive legal standards regarding competitive effects and a tendency towards over-reliance on structural presumptions. For China’s merger control to become more effective, it is critical to make strong use of available economic techniques and to resolve the possible tension between competition policy and industrial policy. Cooperation with other mature enforcers will also play an important role in improving the effectiveness of the young merger control regime.

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