China Finalizes Merger Control Measures

Sheppard Mullin Richter & Hampton LLP
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Since enacting China's Anti-Monopoly Law (AML) in August 2008, China has been making efforts to update its antitrust laws. The Ministry of Commerce (MOFCOM) published draft regulations on the notification of mergers between enterprises, and on the examinations of mergers between enterprises for comments in January and March, 2009.

On November 27, 2009, The Anti-Monopoly Bureau of MOFCOM finally published the Measures for the Review of Concentrations of Business Operators ("Review Measures") and the Measures for the Notification of Concentrations of Business Operators ("Notification Measures"). Both will take effect on January 1, 2010. Together with the Provisions of the State Council on the Standard for Declaration of Concentration of Business Operators ("Declaration Provisions"), the two Measures will provide basic guidelines for companies that are involved in transactions with notice requirement under the AML.

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