Chinese State-owned Companies Face Greater Scrutiny of EU Deals After Ruling

Chinese state-owned companies seeking to buy European assets are going to face greater regulatory scrutiny following a landmark European Commission decision on a recent deal. In its review of a proposed joint venture between France’s EDF and state-owned China General Nuclear Power (CGN), the Commission – which has exclusive power over antitrust issues in the European Union – ruled that CGN was not independent from China’s central administrator for state-owned enterprises, the State-owned Assets Supervision and Administration Commission (SASAC). As a result, it decided that it did have the power to decide whether the deal should be cleared. It meant that the Commission didn’t only consider CGN’s own revenue but the combined revenue of all Chinese energy state-owned enterprises when considering whether the deal came under its jurisdiction. This approach automatically bumped CGN’s turnover above the minimum EU threshold for merger clearance, a warning shot for other Chinese state-owned enterprises (SOEs) who may be considering buying assets in Europe and were not anticipating needing to get a regulatory green light.