China Matters

Mergers and Acquisitions Triggering Anti-Monopoly Filing and Review in the PRC: Filing Practice and Tips

January 28, 2010

David Livdahl, Jenny Sheng and Henry Li

Since its reform and opening-up in the late 1970s, the Peoples Republic of China (PRC) used to focus its foreign investment related-legislation on foreign direct investment (such as green field Sino-foreign joint venture projects). However, it appears that, with the rapid development of foreign investment into China in the past 20 years, greater legislative effort has been shifted to regulation of mergers and acquisitions (M&A), particularly, acquisitions of domestic enterprises by foreign investors, and even offshore M & A transactions (where the offshore acquirer or target has existing investment in the PRC that meets certain thresholds).

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