China to Consolidate Antitrust Powers in Single Agency
Client Memorandum

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After a decade of enforcing different aspects of its antitrust laws through three separate bodies, China is expected to consolidate antitrust authority into a single agency as part of a broader reorganization of government ministries.  The move could have significant repercussions for private parties, following long-standing reports of concerns about staffing shortages and delays in Chinese merger review.  Questions have also been raised about the comparative importance of national economic interests and competition principles in agency decision-making.  (China’s antitrust law requires the agencies to consider both competition principles and Chinese economic development.)  The expected consolidation into a single agency could potentially enable Chinese authorities to complete investigations more quickly, while aligning their decisions more closely with the country’s industrial policy goals.