European Chamber welcomes notice on mergers and acquisitions
February 28, 2011 Category Mergers & Acquisitions, Weekly
The European Union Chamber of Commerce in China (EUCCC) welcomed the General Office of the State Council’s issuing the “Notice of the General Office of the State Council concerning Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors” as a step towards increased transparency regarding the merger and acquisition (M&A) procedures in China. The Notice is a positive development insofar as it clarifies the “Interim Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign investors” published in 2006, which only mentioned famous brands and strategic sectors, and adds criteria about majority or board control. Jacques de Boisséson, President of the European Chamber said, “We recognize that reviewing mergers and acquisitions is a prerogative of the Chinese government. It is a practice conducted by all major countries to ensure economic stability. However, we hope that implementation of the new approval process does not adversely affect the predictability of foreign investments in China.” According to Francois Renard, Chair of the European Chamber’s Competition Sub-Working Group, “many questions have been answered since the last draft of the Notice was circulated in June, 2010, yet it still raises certain concerns. Among these are an extremely broad definition of sectors affected by the Notice and a lack of indication as to how this process interacts with the merger control review provided for in the Anti-Monopoly Law.”
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