Chinese State Owned Enterprises and EU Merger Control - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Chinese State Owned Enterprises and EU Merger Control write by Alexandr Svetlicinii. This book was released on 2020-12-13. Chinese State Owned Enterprises and EU Merger Control available in PDF, EPUB and Kindle. This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.
The Acquisitions of the Chinese State-Owned Enterprises Under the EU Merger Control Regime
The Acquisitions of the Chinese State-Owned Enterprises Under the EU Merger Control Regime - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Acquisitions of the Chinese State-Owned Enterprises Under the EU Merger Control Regime write by Alexandr Svetlicinii. This book was released on 2018. The Acquisitions of the Chinese State-Owned Enterprises Under the EU Merger Control Regime available in PDF, EPUB and Kindle. The acquisitions notified by the Chinese state-owned enterprises (SOEs) under EU merger control regime have raised a number of questions as to the suitability of the current merger control rules and standards applied by the EU Commission for the ex ante assessment of the likely impact of such transactions on competition in the EU Internal Market. The present paper provides an overview of the EU Commission's practice to date with special focus on the concepts of “single economic unit”, “decisive influence” and “control” that have been applied by the EU Commission in the cases involving Chinese SOEs.
The Acquisitions of the Chinese State-Owned Enterprises Under the National Merger Control Regimes of the EU Member States
The Acquisitions of the Chinese State-Owned Enterprises Under the National Merger Control Regimes of the EU Member States - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Acquisitions of the Chinese State-Owned Enterprises Under the National Merger Control Regimes of the EU Member States write by Alexandr Svetlicinii. This book was released on 2019. The Acquisitions of the Chinese State-Owned Enterprises Under the National Merger Control Regimes of the EU Member States available in PDF, EPUB and Kindle. With the rapidly unfolding China's Belt and Road Initiative (BRI) and the ongoing reform of the State-owned enterprises (SOEs), the number of overseas acquisitions by the Chinese SOEs in various industrial and services sectors is gradually on the rise. These transactions have raised a number of questions in terms of the assessment of the economic concentrations' potential impact on competition and challenged the traditional assessment tools employed by the merger control regimes. The paper examines the evolving experience of Chinese SOEs' acquisitions in the European Union (EU), which are subject to ex ante assessment under both EU and national merger control regimes. The analysis of the merger assessment practice of the EU Commission culminating in the recent conditional approval of the ChemChina/Syngenta merger indicates that the traditional assessment tools, when applied to the acquisitions by Chinese SOEs, may no longer be adequate to grasp the essence of their corporate governance and decision-making. The review of the merger control practice of the national competition authorities (NCAs) also demonstrates the absence of a coherent assessment approach to the cases involving Chinese SOEs, which may lead to the inconsistent enforcement and strengthening of the foreign investment screening on grounds other than market competition.
Consolidation of the Chinese State-owned Enterprises
Consolidation of the Chinese State-owned Enterprises - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Consolidation of the Chinese State-owned Enterprises write by Xiang Li. This book was released on 2022. Consolidation of the Chinese State-owned Enterprises available in PDF, EPUB and Kindle.
The Single Entity Theory
The Single Entity Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Single Entity Theory write by Angela Huyue Zhang. This book was released on 2013. The Single Entity Theory available in PDF, EPUB and Kindle. In five recent cases involving the acquisition of European companies by Chinese state-owned enterprises, the European Commission has delved deeply into the relationship between Chinese state-owned enterprises and the wider Chinese State. A common issue arose in these cases: Did the notifying state-owned enterprise operate independently of the Chinese State or was there scope for the Chinese State to coordinate the behaviour of the notifying enterprise and other state-owned enterprises in the same sector? In the latter case, all the SOEs in the same sector would be treated as part of a single entity for the purpose of merger analysis. To provide an in-depth analysis of this issue, this article first reviews the historical development of the reform of state-owned enterprises and examines their current corporate governance structure. By applying the economic theory of the firm to understand the concept of “undertaking” under the EU Merger Regulation, this article reveals the flaws in the European Commission's analysis of this issue. As the single entity theory can be used as both a shield and a sword, the European Commission's decision on this issue will have far reaching implications for future antitrust cases involving Chinese state-owned enterprises.
