The competition review of the proposed joint venture (JV)
between BHP Billiton and Rio Tinto could spark an internal
tussle between Chinese regulators keen to assert their
jurisdiction over the Anti-Monopoly Law (AML).
As reported yesterday, a senior Chinese official called the
tie-up monopolistic and many expect the government
to employ the countrys Anti-Monopoly Law to thwart the
But due to the complex nature of the law, and the competition
between Chinese regulators in implementing it, some believe
that the tie-up could create a struggle between the
authorities, further complicating the deal.
Both the National Development and Reform Commission
(NDRC) and State Administration of Industry and Commerce (SAIC)
will want to be seen to have had a say in this case, said
Kirstie Nicholson, of counsel at Lovells...