Chinese Antitrust Authorities Provide New Guidance for Merger Filings

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The Anti-Monopoly Bureau (“AMB”) of the Chinese Ministry of Commerce (“MOFCOM”), the Chinese government authority charged with reviewing antitrust notifications of M&A transactions, released guidelines on January 5, 2009 detailing the process for submitting antitrust filings in China and listing the information required for preparing such submissions (the “Filing Guidelines”) as well as draft Guidelines on the Definition of the Relevant Market (“Relevant Market Guidelines”).

While the process for filing and the information required for antitrust notifications remains largely consistent with applicable requirements and practice to date, the Filing Guidelines include some notable changes and provide greater detail regarding the topics parties are expected to address in the notification form. The draft Relevant Market Guidelines are generally consistent with the economic approach used in other jurisdictions, such as the U.S. and EU, and provide greater transparency into the standards that the China authorities will use to assess the competitive effects of transactions.

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