Ministry of Commerce, Tentative Provisions on the Criteria Applicable to Simple Cases of Concentrations of Business Operators (Draft for Comments)

(2) the concentration of business operators accounts for less than 25% of the market share of the upstream and downstream markets;

(3) the concentration of business operators not from the upstream or downstream market accounts for less than 25% of the market share of each market;

(4) the overseas joint venture set up by the concentration of business operators does not engage in business activities in China;

(5) the enterprise acquired by the concentration of business operators does not engage in business activities in China; or

(6) after the concentration, an investor solely controls a joint venture that was jointly controlled by two or more investors, unless the investor is a competitor of the joint venture in the same relevant market.

Issued: April 3 2013

Main contents: According to the Draft, the following are regarded as simple cases:

(1) the concentration of business operators accounts for less than 15% of the market share of the relevant market;

(2) the concentration of business operators accounts for less than 25% of the market share of the upstream and downstream markets;

(3) the concentration of business operators not from the upstream or downstream market accounts for less than 25% of the market share of each market;

(4) the overseas joint venture set up by the concentration of business operators does not engage in business activities in China;

(5) the enterprise acquired by the concentration of business operators does not engage in business activities in China; or

(6) after the concentration, an investor solely controls a joint venture that was jointly controlled by two or more investors, unless the investor is a competitor of the joint venture in the same relevant market.