Merger Control

Merger Control - China

Merger control requires lawyers with in-depth expertise

When companies acquire assets or shares, or establish joint ventures, in China they may be required to apply for clearance from the Ministry of Commerce (MOFCOM) for the purpose of merger control. If the transaction is not appropriately notified, the company may face a significant financial penalty as well as damage to its reputation, and the transaction may be repealed.

With so much at stake, you need experience and expertise on your side. We have advised on many of the landmark merger control cases in China, including the first merger control filing in China, the merger between FedEx and Kinko; Fiat’s acquisition of Chrysler, China’s first attempt to apply the “failing firm defence”; Fiat’s acquisition of Chrysler; the largest M&A deal for the last three years in the US, we also advised PetroChina on certain issues in relation to the EU merger filing process.

Our lawyers can assist you on all aspects of merger control law in China, in particular analysing whether the proposed transaction requires you to notify MOFCOM. If the transaction requires notification, we can help you to prepare filing materials. 

As part of this process we advise on the relevant market definition and competition analysis. Because we are familiar with MOFCOM’s review process, we are able to help you proactively prepare for issues that may arise – ensuring you gain clearance as soon as possible.

We act for multinational corporations, state-owned enterprises and private companies. Our clients include leading companies in the service, telecoms, media and technology, healthcare, fast-moving consumer goods, energy and hi-tech sectors.

Our law firm’s services in merger control include:

  • Legal analysis on notification issues, market definition and competition analysis
  • Filing materials including notification forms
  • Liaison with antitrust authorities and providing supplemental materials to facilitate case reviews.

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