Anti-monopoly Bureau of the Ministry of Commerce, Guiding Opinion on Reporting of Concentrations of Business Operators

商务部反垄断局关于经营者集中申报的指导意见

February 09, 2009 | BY

clpstaff &clp articles &

The party responsible for reporting a concentration of business operators clarified.

Clp Reference: 5000/09.01.05 Promulgated: 2009-01-05

Issued: January 5 2009

Main Contents: According to the Opinion, concentrations of business operators that are conducted by way of a merger shall be reported by all of the business operators that are parties to the merger. Concentrations of business operators that are conducted by other means shall be reported by the business operator that is in control or that is able to exercise a decisive influence, and the other business operators shall give their co-operation (Article 2).

The Opinion also allows the business operators to discuss with the Anti-monopoly Bureau specific issues concerning the reporting of their concentrations before reporting (Article 1).

Related Legislation: PRC Anti-monopoly Law, Aug 30 2007, CLP 2007 No.8 p.28; and Provisions on the Reporting Threshold for Concentrations of Business Operators, Aug 3 2008, CLP 2008 No.7 p.115

clp reference:5000/09.01.05promulgated:2009-01-05

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]