Overview

Since the introduction of China's first antitrust law, 2007's Anti-Monopoly Law, significant progress has been made in creating a modern antitrust law regime. However, doubts remain as to the status of China's state-owned enterprises within the antitrust hegemony, and the extent to which such companies should be subject to the AML.

There has been a degree of scepticism as to whether the AML will be applied in an impartial manner towards the SOEs as compared with other private companies in China. Recently, however, there are signs that SOEs may no longer be immune from antitrust scrutiny in China.

In addition, the European Commission appears to be taking an increased interest in foreign direct investment by Chinese SOEs. This briefing gives details of two recent cases in which the Commission has delved deeply into a notifying SOE's relationship with the wider Chinese State.

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