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Business Articles Awards > Asian Antitrust

Merger Control Rules for Off-Shore JVs in the EU and China: A Simpler Way Forward?

Antonio Bavasso, Peter McDonald, Francois Renard, and Kenneth Ko, Allen & Overy, Publications, September 2014

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In the EU and China, a potential JV must be notified for merger control clearance even where turnover thresholds are met by the parents’ turnover only and the JV itself would have little or no impact on the territory. This can have material implications for the parties; pending clearance, the transaction cannot be implemented.In an attempt to reduce administrative burden, at the beginning of 2014 the Commission and MOFCOM introduced measures to simplify the process of notifying and approving such JVs in the EU and China. We explore how these procedures have been received.

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