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China agreement paves way for mergers

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The ACCC and the Ministry of Commerce of the People's Republic of China have signed a memorandum of understanding (MOU) in relation to future cross-border mergers.

ACCC chairman Rod Sims said the agreement paves the way for increased communication and cooperation between the agencies on mergers that affect both the Australian and Chinese markets.

"The scope of the agreement allows the agencies to exchange information on the definition of markets and theory of harm as well as impact assessments and the design of merger remedies, subject to confidentiality and privacy requirements in each jurisdiction," Mr Sims said.

The Ministry of Commerce of the People's Republic of China is one of three bodies administering China’s Anti-Monopoly Law and the agency responsible for mergers regulation.

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Mr Sims said the ACCC welcomes the opportunity to strengthen ties with the Ministry of Commerce of the People's Republic of China's Anti-Monopoly Bureau.

"As part of the agreement, we plan to discuss our competition laws and policies and we look forward to sharing our experiences in law enforcement," he said. 

"For both countries, the MOU recognises the importance of cooperation in the field of competition regulation.”

Addressing the American Bar Association’s Anti-trust in Asia conference in Beijing on Thursday, Mr Sims noted the importance of having closer engagement with competition regulators in Asia, particularly in relation to global mergers and cartels.

"The rise of anti-trust in Asia means the merger processes and remedies imposed by our counterparts have an increasing prospect of affecting Australian companies and consumers," he said, adding that the ACCC is working to develop strong and long-term relationships within the Asian region.

"The ACCC has entered, or is at an advanced stage of negotiating, memoranda of understanding with a number of our Asian counterparts to facilitate practical and cooperative relationships."