Guiding Opinion on Reporting of Concentrations of Business Operators
关于经营者集中申报的指导意见
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.
(Issued by the Anti-monopoly Bureau of the Ministry of Commerce on January 5 2009.)
(商务部反垄断局于二零零九年一月五日发布。 )
Pursuant to the PRC Anti-monopoly Law and the State Council, Provisions on the Reporting Threshold for Concentrations of Business Operators, if a concentration reaches the reporting threshold, the business operators shall report the same in advance to the Ministry of Commerce. With a view to facilitating the reporting of concentrations by business operators, the Anti-monopoly Bureau of the Ministry of Commerce provides the following guiding opinion for their reference.
依据《中华人民共和国反垄断法》和《国务院关于经营者集中申报标准的规定》,达到申报标准的集中,经营者应当事先向商务部申报。为方便经营者申报,商务部反垄断局提供如下指导意见供经营者参考。
Article 1: Before reporting, if the business operators need to discuss with the Anti-monopoly Bureau specific issues concerning the reporting of their concentrations, they shall satisfy the following conditions:
第一条 在申报前,经营者如需与反垄断局就经营者集中申报的具体问题商谈,应满足如下条件:
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