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A Study on Multinational Merger Review

Author: JiangJiaXin
Tutor: LiuXiaoHong
School: East China University of Political Science
Course: International law
Keywords: Transnational merger and acquisitions anti-monopoly law review procedure substantial antitrust analysis
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 223
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Abstract


The merger control of AML includes procedural and substantial regulations. This article takes the vetoed acquisition of Coco Cola and Huiyuan Juice as an example, in the context of China’s emerging economies, compares European and American empirical experience on merger control, delves into the procedure and substantial standards of merger control and further gives some suggestions on Chinese merger control.This article proceeds as follows. Part I briefly introduces the background information of the Coco Cola’s acquisition of Huiyuan Juice Group, Ltd. (“Huiyuan”), and further analysis the controversial problems, which are classified into procedure and substantial analysis of merger control. Part II defines the mergrcontrol and the significance of antitrust law, and draws a conclusion that the antitrust review of merger control is indispensable and examines theenforcement agency and its extraterritorial jurisdiction. Part III discusses theprocedure of the merger control under AML, including the notification, the waiting and the statutory review period and the review period, methods and decisions. Part IV discusses the substantial competition analysis done byMOFCOM in antitrust review. There are several factors in MOFCOM’s ruling,such as defining the“relevant market”, market share and market power, market entry and technology process, and the process,and the Coco Cola’s potential leveraging effects of the juice drink market. Part V further discusses and evaluatesthe procedural and substantial analysis of Chinese merger control and develops some suggestions of the enforcement of AML based on the comparison with American and European Antitrust law.

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