Coca-Cola's Acquisition Over Huiyuan Juice

China's Anti-Monopoly Law,the foundation stone of the market economy,started to be implemented since August 1st 2008.After half a year of investigation,.Coca Cola's acquisition of Huiyuan Juice was put to a stop by Ministry of Commerce on March 18th 2009.It became the first abortive case since the implementation of the Anti-Monopoly Law and caused strong repercussions home and abroad.While the nationalists applauded for the decision,overseas media generally took a skeptical attitude,considering it as a case of trade protectionism.This phenomenon requires a rational interpretation and guidance for the domestic and international media.On the one hand,acquisition by foreign capital may bring advanced technology and management experience and promote economic development;on the other hand,it may lead to the monopoly of relevant market,hamper competition and cause some domestic brands to disappear.We should look at Coca Cola's acquisition of Huiyuan Juice from two aspects.     

Fair and Competitive: AML'S DREAM

Q:Since China carried out its Anti-monopoly Law,there has been only one abortive case since its implementation(Coca Cola's acquisition of Huiyuan Juice).Do you think the Law is effective enough to protect the market?     

China aims to foster more world famous bag brands with good quality

China＇s Ministry of Commerce will hold a hearing on Coca Cola＇s US$2.4 billion offer to buy China＇s largest juice maker Huiyuan, a local newspaper said on September 15. Domestic juice producers will jointly submit to the ministry three new acquisition plans for Huiyuan to replace the Coke deal, the Beijing Morning Post cited an unnamed source as saying.     

Feel Pressure Under China＇s Anti-monopoly Law？

After 14 years of debate, the legis- lature passed the Anti-monopoly Law （AML） at last on August 30,2007, which was informally referred to as the “economic constitution”. It came into effect only a few months after the equally significant Chinese Contract Law which spelled out specific and comprehen-sive rights tbr employees in China for the first time. Like the Contract Law, the Anti- Monopoly Law was problematic after it was adopted, and has raised issues with major foreign investors. One of them is that the AML was usually interpreted as protectionism in many foreign enterprises＇ view. So what impacts does the Anti-monopoly Law have on the lbreign investment, trade, M＆A （merger and acquisition） and China＇s domestic competition market？ ls it a market-based and competition-friendly law or a protectionist measure？ And what should the foreign enterprises do in response to the new law and regulation？     

China′s Commerce Ministry to hold hearing on Coke offer for Huiyuan

China′s Ministry of Commerce will hold a hearing on Coca Cola′s US＄2.4 billion offer to buy China′s largest juice maker Huiyuan, a local newspaper said on September 15. Domestic juice producers will jointly submit to the ministry three new acquisition plans for Huiyuan to replace the Coke deal, the Beijing Morning Post cited an unnamed source as saying.     

Coca-Cola ＂won＇t adjust Huiyuan offer＂ despite weak stock market

The Coca-Cola Co. on December 2 said it will not revise its offer for China Huiyuan Juice Group Ltd. despite the weak equities market. Li Xiaojun, vice president of Coca-Cola China, told Xinhua that the world＇s beverage giant is still confident about the outlook for Huiyuan＇s juice business. In a joint statement to the Hong Kong Stock Exchange on December 2, the two companies said China＇s Ministry of Commerce is still reviewing the application for anti-trust approval. The review will continue until March 23, 2009. Coca-Cola will make further announcements after the anti-trust review, Li said.     

Conditions for Conclusion of Open-ended Employment Contract

The Law of the People＇s Republic of China on Employment Contracts （short for Law on Employment Contracts） carried out in 2008 classified the employment eantracts into three types： fixed-term employment contract, open-ended employment contract and employment contract to expire upon completion of a certain job. Generally speaking, in open-ended employment contract, the employer and employee shall not make an agreement on the time limit of employment contract and this shall be very important for the stabilization of the working relationship and the protection of the employees. So, as soon as this definition came into being, a number of domestic media pay much attention to it.     

Anti-Monopoly Law and Its Implications for Foreign Companies in China

On August 30 2007, after more than a decade of legislative efforts, the Standing Committee of the National People＇s Congress （NPC）, China＇s top legislature, completed its third official reading of the draft Anti-monopoly Law （AML） and formally adopted it as thecountry＇s first comprehensive competition law. The Anti-monopoly Law will become effective on 1 August 2008, to guard against monopolistic conduct, safeguard competition, improve economic efficiency, protect public and consumer interests, and promote the healthy development of the socialist market economy. After 13 years of debate, the final adoption of the AML marks an important step toward an effective competition regime in China＇s move toward a market economy. This article introduces the history of China＇s Anti-monopoly Law, summarizes some of its key provisions, highlights some of the major improvements on the June 2007 draft, and discusses the major implications for foreign companies doing business in China.     

LAW

Specific guidelines set for new Anti-Monopoly Law The first regulation that sets specific guidelines for the Anti-Monopoly Law was announced by the State Council late on August 4 in a move to provide guide- lines and direction for the enforcement of the law, which came into effect on Au- gust 1. According to the regulations, all combinations must apply to authorities in charge of anti-monopoly if the joint global revenue of the companies involved exceeds RMB 10 billion or if revenue in China exceeds RMB 2 billion.     

Energy Saving,Environmental Protection：Top Priority in China＇s Development——Exclusive interview with Dr.Yonglong L,Secretary-general,Chinese Committee for SCOPE（Scientific Committee on Problems of the Environment/ICSU）.

Energy saving,emission reduction and economic development are major issues China has to meet in building a harmonious society.On one hand,China should pursue a sustainable,fast and sound economic development,on the other hand,she should try to decrease the overuse of energy resources and the environmental problems caused by the rapid economic growth. In this regard,on June 24,the Standing Committee of National People＇s Congress deliberated the draft of Energy Saving Law,according to which China is to take“resources saving”as a basic national policy.This is a key issue to the long-term benefits of China.With relevant questions,China＇s Foreign Trade interviewed Dr, Yonglong L（？）,Secretary-general,Chinese Committee for SCOPE（Scientific Committee on Problems of the Environment/ICSU）.and Research Professor at the Chinese Academy of Sciences. Let＇s listen to Dr.L（？）＇s comments with wisdom.[第一段]     

Have You Conducted Due Diligence Investigations?

Many Chinese enterprises don't perform comprehensive and full due diligence investigations prior to their investments and acquisitions overseas.Though some do go through this process,their investigations are mostly incomprehensive and even formalistic.Ihe question is,do due diligence investigations really count that much? Jia Dian'an,a lawyer at the Baker & McKenzie Law Firm,told reporters that an often mentioned case about due diligence investigation is TCL's cross-border merger and acquisition failure.Li Dongsheng,CEO of TCL,regretted very much not having performed a due diligence investigation before the M&A transaction.He saved the cost of more than 20 million in this process,but this brought bad consequences to his company.Businesses in any fields should conduct a proper and comprehensive due diligence investigation on the potential target,including such areas as the financial,legal,tax,environment and market situation,and its intellectual property ownership.     

An Analysis of Hardy's Tragic Style-Seen from Tess

1. General introduction about the author Tess of the d＇ Urbervilles was the twelfth novel published by Thomas Hardy. It was finally pubhshed as a novel in December of 1891. The novel questions society＇s sexual mores by compassionately portraying a heroine who is seduced by the son of her employer and who thus is not considered a pure and chaste woman by the rest of society. Upon its publication, Tess of the d＇ Urbervilles encountered brutally hostile reviews; although it is now considered a major work of fiction, the poor reception of Tess precipitated Thomas Hardy＇ s transition from writing fiction to poetry. Nevertheless, the novel was commercially successful and assured Hardy＇s financial security.     

China＇s New RMB Move： A Political Step in the Game of Negotiation？

This summer, China announced it would introduce more flexibility into its exchange rate, and at the same time make it remain ＂basically stable＂. This move has drawn great attention from both home and abroad since China＇s currency reform has always been a hot topic for economists, politicians, export businessmen, media and of course the public; these forces have combined to make it seem like a big issue that everyone should take a serious look at and know some facts about.     

＂Consumption Degrading＂ Era,Really Coming？

Global financial crisis sourced in subloan crisis in USA leads to the downturn in world economy, and also has a deep impact on people＇s hie and consumption, no matter where they are. There is no doubt that the crisis is changing people＇s idea and attitude of consuming. This article will have an insight in the change of consuming behaviors and how the companies should respond to the changes.     

Corporate Social Responsibility in Chinese Law——On the Section 5 of the Company Law of China

The Principle of Corporate Social Responsibility in Chinese Law
In China, a lot of ill-formed business activities exist, the good market order hasn＇t realized and the commerce hasn＇t reached the perfoect operating status. In addition to those, the personal and corporate credit systems haven＇t been completely established yet, the merchants still place their profit in primary position without considering the public interest or with less consideration, and the social problems caused by many companies with bad faith are more outstanding, so it is necessary to supplement and strengthen corporate social responsi.bility in Chinese Law.     

NEW RULES BEGAN TO BE IMPLEMENTED FROM FIRST DAY OF 2003 IN CHINA

From the first day of 2003, a set of rules began to be formally implemented in China. Government Purchasing Law of P.R.C was implemented at January 1, 2003. It remarks the behavior of government purchasing has stepped into a formal way according to international practice. It stipulates: Government purchasing should adhere to the principle of public, transparent, fair deal, fair competition and honesty & credit. The     

Develop Intra-county Economy in the Differentiated Competition

Xingzi County is of small population and not very rich and powerful. In the face of the heat market competition, Xingzi County should actively seize the opportunities and reform in order to develop in the differentiated competition.     

Anti-Monopoly Law and Its Implications for Foreign Companies in China

On August 30 2007,after more than a decade of legislative efforts,the Standing Commit- tee of the National People's Congress (NPC),China's top legislature,completed its third official reading of the draft Anti-monopoly Law (AML) and formally adopted it as the country's first comprehensive competition law.The Anti-monopoly Law will become effective on 1 August 2008,to guard against monopolistic conduct,safeguard competition,improve eco- nomic efficiency,protect public and consumer interests,and promote the healthy development of the socialist market economy.After 13 years of debate,the final adoption of the AML marks an important step toward an effective competition regime in China's move toward a market econo- my.This article introduces the history of China's Anti-monopoly Law,summarizes some of its key provisions,highlights some of the major improvements on the June 2007 draft,and discusses the major implications for foreign companies doing business in China.     

Determinants of Successful IT-Enabled Business Innovation： A Case Study from the Perspective of Institutional Entrepreneurship Theory

As the role of information technology （IT） in business innovation becomes increasingly important, an increasing number of organizations have started to consider how to promote IT-enabled business innovation. Although extant studies have identified organization, environment, and innovation＇s characteristics as substantial determinants of IT innovation, they do not emphasize the accompanying innovation in processes, products or services, which distinguish IT-enabled business innovation from general IT innovation. Therefore, the reason why few companies succeed in realizing IT-enabled business innovation remains obscure. Anchored on the institutional entrepreneurship theory, this paper examines determinants of the success of IT-enabled business innovation in a fast-growing company using the case study approach. Our findings indicate that IT-business coordination competency, degree of institutionalization, participation of business managers, top management team＇s （TMT） attitude towards the innovation, and the innovation＇s relative strength, have significant impacts on the success of IT-enabled business innovation. Our findings also contribute to IT innovation research by identifying special determinants of IT-enabled business innovation and redirecting research ranging from innovation in IT itself to IT-enabled innovation in business processes, products or services.