Recent Developments in Merger Review in China

 

After a period of enforcement, China’s Ministry of Commerce (“MOFCOM”) is now looking back and seeking to streamline its merger review process. It is amending its procedural and substantive rules aiming to provide better guidance on important issues including its jurisdictional approach and to implement a shorter and more efficient review procedure. In the meantime, MOFCOM further strengthens its efforts to pursue failure-to-notify cases and has recently just published four more penalty orders. MOFCOM also continues to make progress with its review of complex cases involving remedies, including clearing Nokia’s proposed acquisition of Alcatel-Lucent conditionally and removing/varying conditions attached to its initial approvals for Western Digital and Seagate.

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