Comments on: China’s rejection of Coke’s juice takeover and the question of legal ‘rights of establishment’ http://www.eastasiaforum.org/2009/03/27/chinas-rejection-of-cokes-juice-takeover-and-the-question-of-legal-rights-of-establishment/ Economics, Politics and Public Policy in East Asia and the Pacific Mon, 13 Feb 2012 06:23:14 +0000 hourly 1 http://wordpress.org/?v=3.2 By: anonymoushttp://www.eastasiaforum.org/2009/03/27/chinas-rejection-of-cokes-juice-takeover-and-the-question-of-legal-rights-of-establishment/comment-page-1/#comment-17238 anonymous Sat, 28 Mar 2009 11:24:01 +0000 http://www.eastasiaforum.org/?p=3022#comment-17238 Maybe its just me, but I wish I was a lawyer in international trade and investment negotiations, and therefore I could understand more precisely what “rights of establishment” mean, and how it is interpreted in the US, Australia and in China (if indeed it is recognized in China – which I doubt) , and therefore I could follow this contribution thoroughly. Similarly, it would be nice to know the precise meaning of “establishment or acquisition phase of investment”. To me, they are quite two distinct processes in practice in China. I would have liked to see more discussion of China’s emerging competition policy and the debate in China (and why it has taken such a long time to get off the ground – due to institutional obstacles, the role of large scale SOEs in certain industrial sectors, and the difficulties for China in removing provincial/institutional and regulatory trade barriers), the Anti-Monopoly Law being the first real application of this process in China. Has anyone seen the detailed justification of China’s MOFCOM or NDRC rejection of the Coca Cola takeover bid (other than the simple statement that it was due to enforcement of the Anti-Monopoly Law – which must have been the first or one of the first enforcement actions of this law in China)? Maybe its just me, but I wish I was a lawyer in international trade and investment negotiations, and therefore I could understand more precisely what “rights of establishment” mean, and how it is interpreted in the US, Australia and in China (if indeed it is recognized in China – which I doubt) , and therefore I could follow this contribution thoroughly. Similarly, it would be nice to know the precise meaning of “establishment or acquisition phase of investment”. To me, they are quite two distinct processes in practice in China.

I would have liked to see more discussion of China’s emerging competition policy and the debate in China (and why it has taken such a long time to get off the ground – due to institutional obstacles, the role of large scale SOEs in certain industrial sectors, and the difficulties for China in removing provincial/institutional and regulatory trade barriers), the Anti-Monopoly Law being the first real application of this process in China.

Has anyone seen the detailed justification of China’s MOFCOM or NDRC rejection of the Coca Cola takeover bid (other than the simple statement that it was due to enforcement of the Anti-Monopoly Law – which must have been the first or one of the first enforcement actions of this law in China)?

]]>