Microsoft’s hostile-takeover attempt against Yahoo may encounter an unexpected hurdle in August after a Chinese antimonopoly law takes effect that will extend the nation’s economic influence far beyond its borders.

The law, which goes into effect on Aug. 1, is intended to strengthen an existing set of antitrust regulations the Chinese originally established in 1993. It will make China a third sphere of regulatory influence, matching the power of the European Union and the United States, according to legal specialists in this country and in China who have studied it.

Formally enacted by the National People’s Congress last year, the measure gives Chinese regulators authority to examine foreign mergers when they involve acquisitions of Chinese companies or foreign businesses investing in Chinese companies’ operations. Beijing could also consider national security issues.

The law could give China influence in Microsoft’s courtship of Yahoo because in August 2005, Yahoo, a premier search portal, invested $1 billion in Alibaba.com, China’s largest e-commerce business. The investment gave Yahoo about a 40 percent stake in the Chinese company. Alibaba officials have said they believe that a Microsoft takeover of Yahoo would set in motion a buyback provision, making it possible for them to gain independence from Microsoft.

Nathan Bush, an antitrust law specialist with O’Melveny & Myers in Beijing, said the law represented the ascendance of China “as another regulatory capital contending for influence with Brussels and Washington.”

Inevitable.




  1. the answer says:

    Who gives a shit about China? What are they going to do? It’s two AMERICAN companies. Stay the fuck out and keep making $20 dvd players and $300 scooters.

  2. moss says:

    Now that we’ve heard from the NASCAR wing of the Republikan Party…

  3. pat says:

    Whatever. If they are doing business in China then they will be influenced by threats of being locked out of that market. Nothing new here.

  4. MrZippy says:

    Everyone has a price. It’s not about right or wrong, but how much money can I make from OKing this deal. everyones sue happy.The EU does it so China wants a piece of the action.

  5. kevanjt says:

    1
    When Yahoo invested a billion dollars in Alibaba, they decided to become not just an “American company.” This Chinese legislation does not affect American companies who operate and invest solely inside American borders.

  6. OvenMaster says:

    “Alibaba officials have said they believe that a Microsoft takeover of Yahoo would set in motion a buyback provision, making it possible for them to gain independence from Microsoft.”

    Okay, so let it happen. Microhoo will simply exist in every other part of the world and do without China. BFD!

  7. Tippis says:

    #1: No, they’re two multinational companies for whom China represents a huge market.

    What is China going to do? Lock them both out of that market and let Google have sole access to an immense source of cash…

  8. gquaglia says:

    Fuck China. Their companies have no problem flooding the world with poison food and dangerous products. Why should we care what law they pass.


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