Integration of Economic Rationale and Juristic Logic:Substantive Standards and Procedures of M&A Review in China

The Antimonopoly Act of the PRC,with its own unique logics in rendering reviewing criteria and procedures,centers more on classic economic rationale which is proved by the fact that while establishing any standard,procedure or power pertaining to MA review,economic factors such as cost,efficiency and market must be taken into account.To maintain economic rationale,another principle,i.e.,amiable assumption should always be observed while considering matters related to MA review such as threshold setting,standards,contents of examination,reasoning logic,defense of the businessmen,transparence of procedure,participation of businessmen,limitation and mode,and contestability of decision.