Guiding Opinion on Documents and Information Required for Reporting of Concentrations of Business Operators

关于经营者集中申报文件资料的指导意见

The Opinion requires an account of the effect of a concentration of business operators on competition in the relevant market when reporting a concentration of business operators.

(Published by the Anti-monopoly Bureau of the Ministry of Commerce on January 7 2009.)

(商务部反垄断局於二零零九年一月七日刊载。)

With a view to facilitating the reporting of concentrations by business operators, we prescribe, pursuant to Article 23 of the PRC Anti-monopoly Law, the following reporting documents and information for reference by business operators. Reporting parties may refer to the reporting form (attached) when preparing their reporting documents and materials.

Article 1: The cover letter shall state the names, domiciles and scopes of business of the business operators involved in the concentration, the nature and background of the concentration, the anticipated date of the formation of the concentration, the market that the concentration will affect, the commercial considerations of the concentration, the economic rationale, and the reporting criteria that the concentration satisfies.

为方便经营者申报,依据《中华人民共和国反垄断法》第23条,规定如下申报文件资料,供经营者申报参考。申报人可参照申报表格式(附后)制作申报文件材料。

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