Ministry of Commerce, Tentative Provisions for the Assessment of Competitive Effects of Concentrations of Business Operators

商务部关于评估经营者集中竞争影响的暂行规定

October 12, 2011 | BY

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Factors laid out for consideration of the competitive effects of concentrations.

Clp Reference: 5000/11.08.29 Promulgated: 2011-08-29 Effective: 2011-09-05

Promulgated: August 29 2011
Effective: September 5 2011

Main contents: The Tentative Provisions state that the following factors shall be considered based on the specifics and particularities of each individual case during reviews of concentrations of business operators:

(i) the market share in the relevant market of the business operators involved in the concentration and their degree of control of the market;

(ii) the degree of concentration in the relevant market;

(iii) the impact of the concentration of business operators on market entry and technological progress;

(iv) the impact of the concentration of business operators on consumers and on other relevant business operators; and

(iv) the impact of the concentration of business operators on the development of the national economy (Article 3).

When assessing the potential for a concentration of business operators to have adverse effects on competition, an examination shall first be carried out to determine whether the concentration would give rise to or strengthen a given business operator's capacity and motivation to eliminate or restrict competition on its own and the probability thereof (Article 4).

Related legislation: PRC Anti-monopoly Law, Aug 30 2007, CLP 2007 No.8 p.28; Measures for the Reporting of Concentrations of Business Operators, Nov 21 2009, CLP 2010 No.1 p.56; and Measures for the Review for Concentrations of Business Operators, Nov 24 2009, CLP 2010 No.1 p.52

clp reference:5000/11.08.29prc reference:商务部公告 [2011] 第55号promulgated:2011-08-29effective:2011-09-05

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