More lawsuits, closer scrutiny

December 18, 2008 | BY

clpstaff &clp articles

Threat of litigation against foreign enterprises

Implementation practices for China's recently enacted Anti-monopoly Law (中华人民共和国反垄断法) are slowly emerging. External and in-house counsel are keen to see how these will develop, and are trying to anticipate how the competition regulators will carry out their responsibilities. Early signs are not encouraging.

Despite giving clearance for Inbev's acquisition of Anheuser Busch, the Ministry of Commerce (Mofcom) imposed conditions on future deals involving both those companies.

“The very first precedent which has been published departs from the usual international legal standards, and is worrisome to some extent,” says Francois Renard, counsel with Allen & Overy.

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