Guidelines on Anti-monopoly Filings for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors

关于外国投资者并购境内企业反垄断申报指南

These Guidelines aim to facilitate filings for mergers and acquisitions of domestic enterprises by foreign investors to ensure that they are not in violation of the anti-monopoly law.

(Issued by the Office of Anti-monopoly Investigations, Department of Treaty and Law, Ministry of Commerce on March 8 2007.)

(商务部条法司反垄断调查办公室于二零零七年三月八日发布。)

Pursuant to the Provisions for the Acquisition of Domestic Enterprises by Foreign Investors (Order No.10 of the Ministry of Commerce) promulgated by the Ministry of Commerce, State-owned Assets Supervision and Administration Commission of the State Council, State Administration of Taxation, State Administration for Industry and Commerce, China Securities Regulatory Commission and State Administration of Foreign Exchange on August 8 2006, anti-monopoly filings for enterprise mergers and acquisitions need to be made in advance for enterprise mergers and acquisitions that meet the specified criteria. To facilitate such filings by concerned parties, we hereby issue the following guidelines:

根据商务部、国务院国有资产监督管理委员会、国家税务总局、国家工商行政管理总局、中国证券监督管理委员会、国家外汇管理局于2006年8月8日联合发布的《关于外国投资者并购境内企业的规定》（商务部令2006第10号发布），达到规定标准的企业并购应当事先进行企业并购反垄断申报。为方便当事人申报，现发布指南如下：

1. Reporting Party

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