The CGN decision demonstrates the European Commission's appetite to look at deals involving Chinese SOEs, this was the first time the European Commission had said yes, SASAC is effectively the parent company of a Chinese SOE in order to assert its jurisdiction to review the deal - previously the European Commission had left that question open.

Adrian Emch

Categorized in : Business

Companies making a joint tender bid have faced serious difficulties: if they sought antitrust approval, incorporation of the JV could be delayed and the opportunity might be gone by the time approval came, an alternative would be not to file, but this might breach the law. Damned if you do, damned if you don't.