Lexis Nexis Merger Control in China
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Product description
Table of contents
PREFACE
About the Authors
Chapter 1 Principles of Chinese Merger Control
§ 1.01 Objective of the Chinese Merger Control Regime
§ 1.02 Fair Competition vs. Effective Competition vs. Free Competition
§ 1.03 Consumer Welfare Standard
Chapter 2 Legal System of the Merger Control Regime in China
§ 2.01 Law
§ 2.02 Regulations
§ 2.03 Ministry Rules
Chapter 3 Concentrations
§ 3.01 Application of the Chinese Merger Control Regime
§ 3.02 The Definition of a Concentration under Merger Control Regime
§ 3.03 Merger
§ 3.04 Acquisition of Control Through Equity Acquisition
§ 3.05 Asset Acquisition
§ 3.06 Acquisition of Control Through Contracts
§ 3.07 Acquisition of Control Through Other Means
§ 3.08 Joint Venture
§ 3.09 Exemption from Concentrations
Chapter 4 Turnover Threshold
§ 4.01 Introduction
§ 4.02 Turnover thresholds under Chinese Merger Control Regime
§ 4.03 Interrelated Transactions
§ 4.04 Turnover Thresholds on a Group Basis
§ 4.05 Comparative Study between Chinese Regime, E.U. Regime and U.S. Regime
§ 4.06 Adjustment of Turnover Thresholds
Chapter 5 Relevant Market and Related Issues Raised by Intellectual Property Rights
§ 5.01 Objective of the Concept of Relevant Market
§ 5.02 General Approach of Definition of Relevant Market-Demand-Side Substitutability vs. Supply-Side
Substitutability
§ 5.03 Definition of Relevant Technology Market
§ 5.04 IPR-Related Mergers
§ 5.05 Refusal to Deal and Essential Facility Doctrine
Chapter 6 Substantive Assessment Test and Criteria
§ 6.01 Overview
§ 6.02 Substantive Test of China and Comparative Study with the
E.U. and U.S. Regimes
§ 6.03 Elements of the Substantive Test
§ 6.04 Detailed Criteria in Assessment in the Rules Set by the Agency
§ 6.05 Anti-Competitive Effects in Different Types of Mergers
§ 6.06 Horizontal Merger
§ 6.07 Vertical Merger
§ 6.08 Conglomerate Case
§ 6.09 Two-Sided Markets
§ 6.10 Relation to Monopoly Agreements
§ 6.11 Efficiency Offense
Chapter 7 Concentrations Challenged by MOFCOM
§ 7.01 Introduction
§ 7.02 International Cooperation with Antitrust Agencies of Other Jurisdictions in Global Filing
§ 7.03 Impact of Non-Competitive Factors on Merger Review
§ 7.04 Horizontal Concentrations and Case Study
§ 7.05 Coordinated Effects in Oligopoly
§ 7.06 Vertical Concentrations and Case Study
§ 7.07 Horizontal and Vertical
§ 7.08 Conglomerate Effects
Chapter 8 Countervailing Factors
§ 8.01 Introduction
§ 8.02 Entry
§ 8.03 Buyer Power
§ 8.04 Efficiencies
§ 8.05 Failing Firm Defense
Chapter 9 Remedies
§ 9.01 Overview
§ 9.02 Types of Remedies
§ 9.03 Process of Imposing Remedy
§ 9.04 Structural Remedy
§ 9.05 Hold Separate
§ 9.06 Trustee
Chapter 10 Legal Consequences for Failure to Comply with Notification Obligations
§ 10.01 Overview
§ 10.02 Legal Consequences
§ 10.03 Procedures for Implementation of Mergers in Violation of Chinese AML by Failing to Conduct Pre-Merger Notification
§ 10.04 Private Litigation
Chapter 11 Procedure
§ 11.01 Business Operators with Notification Obligations
§ 11.02 Notification Procedures
§ 11.03 Market Investigation
Index
