UM  > Faculty of Law  > DEPARTMENT OF GLOBAL LEGAL STUDIES
Residential Collegefalse
Status已發表Published
The Acquisitions of the Chinese State-Owned Enterprises under the National Merger Control Regimes of the EU Member States: Searching for a Coherent Approach
Svetlicinii, A.
2018-04-01
Source PublicationMarket and Competition Law Review
ISSN2184-0008
Volume2Issue:1Pages:99-120
Abstract

With the rapidly unfolding China’s Belt and Road Initiative (BRI) and the ongoing reform of the State-owned enterprises (SOEs), the number of overseas acquisitions by the Chinese SOEs in various industrial and services sectors is gradually on the rise. These transactions have raised a number of questions in terms of the assessment of the economic concentrations’ potential impact on competition and challenged the traditional assessment tools employed by the merger control regimes. The paper examines the evolving experience of Chinese SOEs’ acquisitions in the European Union (EU), which are subject to ex ante assessment under both EU and national merger control regimes. The analysis of the merger assessment practice of the EU Commission culminating in the recent conditional approval of the ChemChina/Syngenta merger indicates that the traditional assessment tools, when applied to the acquisitions by Chinese SOEs, may no longer be adequate to grasp the essence of their corporate governance and decision-making. The review of the merger control practice of the national competition authorities (NCAs) also demonstrates the absence of a coherent assessment approach to the cases involving Chinese SOEs, which may lead to the inconsistent enforcement and strengthening of the foreign investment screening on grounds other than market competition.

KeywordState-owned Enterprise Belt And Road Initiative Merger Control National Competition Authority Competition Law
URLView the original
Language英語English
The Source to ArticlePB_Publication
PUB ID36038
Document TypeJournal article
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Faculty of Law
Corresponding AuthorSvetlicinii, A.
Recommended Citation
GB/T 7714
Svetlicinii, A.. The Acquisitions of the Chinese State-Owned Enterprises under the National Merger Control Regimes of the EU Member States: Searching for a Coherent Approach[J]. Market and Competition Law Review, 2018, 2(1), 99-120.
APA Svetlicinii, A..(2018). The Acquisitions of the Chinese State-Owned Enterprises under the National Merger Control Regimes of the EU Member States: Searching for a Coherent Approach. Market and Competition Law Review, 2(1), 99-120.
MLA Svetlicinii, A.."The Acquisitions of the Chinese State-Owned Enterprises under the National Merger Control Regimes of the EU Member States: Searching for a Coherent Approach".Market and Competition Law Review 2.1(2018):99-120.
Files in This Item:
There are no files associated with this item.
Related Services
Recommend this item
Bookmark
Usage statistics
Export to Endnote
Google Scholar
Similar articles in Google Scholar
[Svetlicinii, A.]'s Articles
Baidu academic
Similar articles in Baidu academic
[Svetlicinii, A.]'s Articles
Bing Scholar
Similar articles in Bing Scholar
[Svetlicinii, A.]'s Articles
Terms of Use
No data!
Social Bookmark/Share
All comments (0)
No comment.
 

Items in the repository are protected by copyright, with all rights reserved, unless otherwise indicated.