Challenges and Prospects for Merger Control in China in the Digital Economy

By Wei Han & Yajie Gao

Until now, the Chinese competition authority has only officially reviewed a few cases of concentration between internet companies, due to VIE, the incompetence of the turnover-based notification threshold, and the lack of experience in solving new competition concerns, such as potential foreclosure led by data and privacy as non-price competition element. The authors of this paper present challenges confronted by the Chinese competition authority and put forward suggestions and predictions for the future development of merger control against the backdrop of the Chinese digital economy, both in terms of legislation and enforcement.

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