UM  > Faculty of Law  > DEPARTMENT OF GLOBAL LEGAL STUDIES
Residential Collegefalse
Status已發表Published
The Interactions of Competition Law and Investment Law: The Case of Chinese State-Owned Enterprises and EU Merger Control Regime
Svetlicinii, A.
2019-12-12
Source PublicationHandbook of International Investment Law and Policy
Publication PlaceSingapore
PublisherSpringer, Singapore
Pages1-21
Abstract

With the unveiling of the Belt and Road Initiative and the industrial policy “Made in China 2025,” the outward investments of the Chinese state-owned enterprises (SOEs) have been on the rise with the strong political backing and financial support from the state-owned banks. The acquisitions of the Chinese SOEs have been scrutinized under the EU merger control regime with the EU Commission attempting to forecast their effect on competition. The EU merger cases involving Chinese SOEs demonstrated significant challenges in assessing the corporate governance of these enterprises, exercise of state control, and possible coordination of commercial conduct among the SOEs. The competition authorities of the EU Member States have not managed to develop a coherent methodology for competitive assessment of the SOE acquisitions either. The difficulties of applying traditional competition law tests to the mergers and commercial conduct of SOEs have prompted numerous calls for the revision of the current merger control regime to allow for the establishment of the European “national champions.” In parallel, the EU has considered application of alternative regulatory means such as trade defense measures and foreign investment screening. The present chapter analyzes the challenges posed by the SOE acquisitions for the EU merger control. It also addresses the emerging EU framework for the security screening of the foreign investments that has been partly prompted by the abovementioned challenges. The combination of the merger control rules with the foreign investment screening and other regulatory frameworks could significantly affect the future of the Chinese SOEs’ investments in the EU in light of the ongoing negotiations of the EU-China investment agreement.

KeywordState-owned Enterprise China European Union Merger Control Foreign Direct Investment National Security Competition Law Investment Law
DOI10.1007/978-981-13-5744-2_36-1
URLView the original
Language英語English
ISBN9789811357442
The Source to ArticlePB_Publication
Scopus ID2-s2.0-85173350029
Fulltext Access
Citation statistics
Document TypeBook chapter
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Faculty of Law
Corresponding AuthorSvetlicinii, A.
Recommended Citation
GB/T 7714
Svetlicinii, A.. The Interactions of Competition Law and Investment Law: The Case of Chinese State-Owned Enterprises and EU Merger Control Regime[M]. Handbook of International Investment Law and Policy, Singapore:Springer, Singapore, 2019, 1-21.
APA Svetlicinii, A..(2019). The Interactions of Competition Law and Investment Law: The Case of Chinese State-Owned Enterprises and EU Merger Control Regime. Handbook of International Investment Law and Policy, 1-21.
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.