Abstract
An attempt is made by this study in order to determine whether AML is for protectionism or a leap forward. For this reason, the first part of this article sheds light on AMLs background along with aims and objectives of it while providing a precise glimpse into proposed merger under the AML. For this reason, the researcher took Coca Cola’s case in China. In addition to this, some concerns raised by scholars over the decision of China with regard to Coca Cola’s merger with Huiyuan are also addressed. The third part of this paper lays out a legal framework in order to create as well as implement AML, with special focus on the process of merger review. It is argued by the researcher that Coca Cola’s proposed merger was blocked by China under AML, which also drew world’s attention along with criticism. The reason is China flexed its antitrust practice muscles at the expense of this since a Coca Cola’s merger was blocked; while there is no doubt that it always attracts international business community. For decades China has been seen as the land of opportunity and growth for foreign investors and only time will determine whether this decision signals a change in that policy. The role of protectionism is explained by part three while investigating concerns with reference to public interests under AML. In this section, underlying rationale to block merger of Coca Cola with Huiyuan is analyzed by proposing that how can improvement be made by China in the merger review process. China made us believe that the decision to block such merger was for lessening and protecting competition, however, clear guidelines are greatly required by enforcement agencies in order to follow as well as increase transparency in the processes of decision making, it would ultimately help china to make better plans for enterprises in the future while showing China as a greatly attractive and fertile ground in order to grow and expand. The paper is concluded in part four along suggesting the adoption of clear merger guidelines which would diminish all the concerns raised by legal scholars; such guidelines would help foreign firms in terms of merger with domestic enterprise in China in the future. Qualitative research methodology has been applied to the following article.
Highlights
The Anti-Monopoly Law (AML) was given to the people of China on August 30, 2007 in China, whereas its implementation was made possible in August 1, 2008
There is similarity between AML and standard best-practice competition laws: on anticompetitive agreements, its general prohibitions, dominance’s abuse, and anti-competitive mergers are in language that resembles with most OECD countries
According to Stanley [13] and Nielson [14], after so many struggles, Anti-monopoly law was enacted in China in 2007, that can be regarded as China’s most comprehensive law in the history which deals with market competition
Summary
The Anti-Monopoly Law (AML) was given to the people of China on August 30, 2007 in China, whereas its implementation was made possible in August 1, 2008. There are many questions which have been un addressed, and need to be solved Such questions include how this law would serve china to achieve its intended objectives and what approach would be adopted by china in order to address antitrust issues. Many concerns have been raised while ignoring that AML’s stated objectives focus on protecting the social and consumer public interests by Chinese law enforcement agencies. It has been argued by many legal scholars that China’s approach to anti-monopoly law is same as European Union and USA, but China is facing many challenges in the global market being a new player by balancing all the concerns which have been raised with regard to financial crisis, unemployment and Chinese domestic industries [2]. The paper is concluded in part 4 along suggesting the adoption of clear merger guidelines which would diminish all the concerns raised by legal scholars; such guidelines would help foreign firms in terms of merger with domestic enterprise in China in the future
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
