Document Type



Presented at the 5th Inter-University Graduate Student Conference at Cornell Law School, March 2009.


China’s recently enacted Anti-Monopoly Law has received much academic attention. In particular, many articles and comments have been written about Article 31 of the Anti-Monopoly Law, a provision on national security review of foreign mergers and acquisitions of domestic companies. The provision has often been labelled as draconian and protectionist. This paper argues that Article 31 is not necessarily so. Article 31 is actually, to a large extent, in line with the national security provisions found in liberal economies. By taking a comparative approach, this paper will demonstrate the similarities between the national security laws in China and the United States, challenging common misconceptions.

Date of Authorship for this Version

April 2009


Mergers and acquisitions, China