Office of Anti-monopoly Investigations, Department of Treaty and Law, Ministry of Commerce, Guidelines for Anti-monopoly Filings in Connection with Mergers and Acquisitions of Domestic Enterprises by Foreign Investors

Issued: March 8 2007

Main Contents: The Guidelines set forth the procedures for anti-monopoly filings in connection with mergers and acquisitions of domestic enterprises by foreign enterprises. In principle, the acquirer is the reporting party; however, depending on the specific circumstances of a case, the reporting party may be the target enterprise. If more than one party satisfies the criteria to act as the reporting party, they may make a joint filing, or they may each make separate filings. A reporting party may make a filing in its own name or it may appoint a Chinese law firm and have a China qualified lawyer make the filing on its behalf.