Comparative Analysis of Merger Control Policy

Lessons for China

By Jingyuan Ma

After 13 years of discussion, the anti-monopoly law of the People's Republic of China was promulgated in August 2007 and entered into force a year later. During the legislative process, a particular challenge was to determine the goal of competition law in China. This challenge can be best illustrated by the merger control policy under the Chinese anti-monopoly law, which has been formulated by taking into account economic goals, as well as various social and political considerations. This book takes a comparative perspective in investigating to what extent competition goals may influence merger policy by focusing on four major issues. First, in order to understand why competition law and policy in China incorporates a multitude of policy goals, the legislative history of the anti-monopoly law and merger policy is explored. Second, the evolution of the debate on competition goals in the US and the EU puts the developments in China in a comparative perspective. Third, emphasis is placed on the evolution of incorporating the efficiency goal into merger policy. Finally, given the theoretical debate on competition goals, the book discusses whether competition goals may have an impact on the analysis of merger cases. Taking economic theories and modern economic techniques as the benchmark, the book concludes that the divergent competition goals in China, the US, and the EU lead to a different outcome of merger cases. It also sets out the policy implications for competition policy makers in China. (Series: European Studies in Law & Economics - Vol. 13) [Subject: Economic Law, Competition Law, Comparative Law]

Publication Date: 8/9/2014
Format: Paper
ISBN: 9781780682457