Scope of Application of Merger Control Law

Abstract

After having summarised the merger decisions that MOFCOM has published until December 2013, the following chapters will position the written merger control law and MOFCOM’s enforcement practice into the broader context of competition policy. As discussed above in Chap. 5, Chinese merger control encompasses a number of different policy goals, including industrial policy considerations, and MOFCOM’s enforcement practice has to fulfil the benchmarks that are inherent in the Chinese Constitution and the AML itself. The practical implementation should be transparent and grant legal certainty, as required by the principle of the rule of law. Further, MOFCOM should achieve an appropriate balance between the conflicting goals of Chinese merger control. These two criteria will, in the following, constitute the substantive standards against which MOFCOM’s enforcement practice is measured.